COMMONWEALTH OF PENNSYLVANIA 



Game, Fish and Forest Laws 



This pamphlet ii publiibed bat once in two yean, 
a tingle edition being printed, and that edition is 
limited In numberi by the Joint Eesolution of tlie 
Senate and Home directing its publication. 



EDITED BY SETH E. GORDON 
Becretarv of the Chime Commtttio* 



1921 



HARRISBURO, PA.: 

J. L. L. KUHN, PEINTEB TO THE COMMONWHAIiTH 

1021. 



^-^ki-^' 




Class _S-KA4d 

Book-_^A5 . 



Game, Fish, and Forest Laws 



of the 



{^'^3 



COMMONWEALTH OF PENNSYLVANIA 



Tbl* pamphlet Is printed but once In two years, a single edlttoa hrfuff yrlBtal 

and that edition Is limited In numbers by the Joint BesolntloA •< 
the Senat and House directlc^ its publication. 



EDITED BY SETH E. GORDON 

Secretary of the Game Commission. 



1921 



J. L. L. KUHN, PRINTER TO THE COMMONWEAI/TH 



I 



HARRISBURG, PA. \ 

1921. 






DIVISION 1. Page 10. 

Contains laws relative to Game, Song and Insectivorous Birds. 

DIVISION 2. Page 177. 

Contains laws or parts of laws relative to Fish only. 

DIVISION 3. Page 259. 

Contains laws pertaining to Forests. 

A collection of Leading Decisions is printed, beginiring on 
page 137. 

The Game Commission is entrusted with the care of Game and 
Wild Birds. 

The Department of Fisheries is charged with the protection 
of Fishes. 

The Forest Department has control of Forestry. 

The work for each is separate and distinct. 

A separate index is attached for t.ach division. 

Read letter of transmittal page 5. ^ 



LIWARY OF CONGRFSS 



•)-«ri«/ir'> 



IMH iHMin r in ^ li 



GAME, FISH AND FOREST LAWS. 



BOARD OF GAME COMMISSIONERS 
Dr. Charles B. Penrose, President, Philadelphia. 
John M. Phillips, Vice President, Pittsburgh. 
William B. McCaleb, Harrisburg. 
Dr. Henry J. Donaldson, Williamsport. 
John S. Speer, St. Marys. 
William S. Ellis, Bryn Mawr. 
Seth E. Gordon, Secretary, Harrisburg. 



FISHERIES COMMISSION 

Nathan R. Buller, Commissioner of Fisheries, Harrisburg, 

John Hamberger, Erie. 

Charles H. Thompson, Philadelphia. 

John C. Odgen, Johnstown. 

W. A. Leisenring, Mauch Chunk- 



DEPARTMENT OF FORESTRY 

State Forest Commission 

Gifford Pinchot, Commissioner of Forestry, Harrisburg. 
Dr. J. T. Roth rock, West Chester. 
Edward Bailey, Harrisburg. 
Henry W. Shoemaker, McElhattan. 
Marry Flinn Lawrence, Pittsburgh. 
(Mrs. John W.) 



Office of Commissioner of Forestry 

Gifford Pinchot, Commissioner. 

Robert Y. Stuart, Deputy Commissioner. 

Bureau Chiefs - 

Lewis E. Stalov, Operation" E. A. Ziegler, Forest Academy 
George H. Wirt, Protection Joseph S. Ilhck Investigation 

Alfred E. Rupp, Lands .- A. O, Vorse, Information 
John W. KellerV Silviculture W. E. Montgomery, Maintenance 



GAME, FISH AND FOREST LAWS. 



A JOINT KESOLUTION 

Directing the publication of the pamphlet containing the game, 
fish, and forestry laws. 

Section 1. Be it resolved (if the Senate concur), 
That the Secretary of the Board of Game Commis 
fiioners of the Commonwealth be, and is hereby, direct- 
ed to prepare the data, and, as soon as possible after 
the close of this section, present the same to the Su- 
perintedent of Public Printing, who shall, at the ex- 
pense of the Commonwealth, have published in pam- 
phlet form one hundred thousand (100,000) corpies 
of said laws, together with such letter of instruction 
or explanation by those entrusted with the care of 
our game, our forests, and our fish, as may seem nec- 
esaary; these pamphlets to be placed by the Division 
of Documents in numbers as provided by law. 

Approved— The 24th day of March, A. D. 1921. 

WM. C. SPROUL. ' 



GAME, FISH AND FOREST LAWS. 

Harrisburg, Pa., July 15th, 1921, 

LETTER OF TRANSMITTAL 

In accordance with Joint Resolution of the 1921 
General Assembly, this publication containing all of 
the laws of this Commonwealth in force at time on 
the subjects of game, fish and forestry has been 
compiled. It is the earnest desire of those entrusted 
with the administration of these subjects that every 
citizen of the Commonwealth awake to the fact that 
every individual's help is needed to safeguard these 
interests. No one has attained a position in this 
State that places him above having a personal inter- 
est in all phases of the conservation of our natural 
resources, and no one occupies a station so lowly that 
his assistance and influence will not be of value. 
Bach community should have at least one good, live 
organization interested in the conservation of our 
game, our fish and our forests, and it is hoped the 
information contained in this publication will be oi 
benefit to at least all those who are truly intersted in 
conserving our natural resources before it is too late. 

It is impossible to secure laws that will suit every- 
body in all respects. In passing legislation, therefore, 
our law-makers must keep in mind the State as a 
whole and cannot legislate for any particular section 
of the Commonwealth. In view of this fact we as 
good citizens must feel that the laws as passed are the 
very best for the Commonwealth at large that up to 
this time could be secured and give these laws our 
entire support. None of the Departments entrusted 
with the care of these several subjects is powerful 
enough in itself to enforce the laws as they should 
be enforced. Without the help and support of the 
general public the results desired cannot be obtained. 

Each of the subjects covered by the laws in this 
booklet occupies a special place in the make-up of the 
life of our people and together are so interwoven 
with each other that the general prosperity of our 
Commonwealth demands that due consideration be 
given same, as even the prospective loss of any one of 
the phases of conservation herein considered would be 
a serious calamity. It has long since been con- 
clusively determined that growing timber, forest, shade 



GAME, FISH AND FOREST LAWS. 

and fruit trees are absolutely necessary to the health- 
ful enjoyment of this life, and that the protection of 
growing timber is vitally necessary to the success of 
mechanical pursuits; that upon the preservation and 
reproduction of our forests depends our timber supply, 
a continuous witer supply, and the necessary shelter 
and food for our wild life. Forest fires must be 
guarded against at all times and our growing timber 
protected so that the millions of acres of devastated 
lands in Pennsylvania may again become productive 
as well as supply additional game and fish to furnish 
pleasure and recreation for our people. 

The benefit derived by a day afield with a gun and 
dog, or whipping our streams with a rod, or any otier 
pursuit that takes our people into the great outdoors 
is beyond expression in words or figures. Our wild 
life resources can no longer be looked upon solely as 
a food supply, but must instead be perpetuated to 
furnish an incentive to take our thousands of people 
into the open in order that their health may be con- 
tinued and enable them to better discharge the duties 
devolving upon them as good citizens. Every person 
who has ever spent a day in the pursuit of game or 
fish, or gone simply to enjoy the great outdoors, under- 
stands what it means to forget the cares of every-day 
life, and it is very important that the incentive 
for outdoor recreation in the future is not overlooked. 

Our Department of Health was created for the pur- 
pose of conserving the health of our people. Hospitals 
and Sanitoriums with skilled surgeons, physicians and 
nurses in charge are being established and maintafned 
in the hope of curing thousands who are ailing. If 
we can perpetuate our forests and our wild life re- 
sources all of Pennsylvania, especially our wild lands, 
will be an open park in which our people of all 
classes may find pleasure and recreation ; where the 
ailing without medicines may be brought back to 
health and strength and fit them to meet the every- 
day battle of life in the World. 

In addition to the physical benefit, the ability acquir- 
ed by our citizens in the handling of firearms, to take 
care of themselves under all conditions, has made it 
possible for our boys with limited dicipline and drill 
to face and to defeat the best drilled regulars of any 
Nation. The sportsmen of the United States have al- 



GAME, FISH AND FOREST LAWS. 

ways excelled in every conflict from the Revolutionary 
War up to and including the recent World War, simply 
because they have learned to shoot accurately and to 
shift for themselves. During the late war our boys 
demonstrated beyond question that they were able to 
make every effort count. Under our system of Gover- 
ment, and present conditions, the efficient volunteer is 
our bulwark in the time of trouble, and the Common- 
wealth ©wes it to herself to supply her youth with 
an incentive to secure to this training. 

How much better it would have been for this Com- 
monwealth if the burning questions of conservation had 
been intelligently considered and acted upon fifty years 
ago instead of today. How much better it would have 
been had the people of Pennsylvania and of the United 
States endorsed tiie idea of game and wild bird protec- 
tion, fish protection and propagation, and forest con- 
servatioii before these rescources were practically de- 
stroyed. It is now up to each of us to do his best to 
overcome the handicap that has been imposed upon us 
and to hand down to posterity^ at least a remnant of 
the things that past generations have enjoyed. We 
beg of you to do what you can, even though in your 
opinion tiiat effort may be limited in its accomplish- 
ments, to improve these conditions and to bear in mind 
that the time to conserve is while we have something 
left vrith whidi to build up. Remember that while up- 
wards of 600,000 sportsmen hunted in Pennsylvania 
last year, 432,000 licensed and the balance hunting 
legally on their own and adjacent grounds without a 
license, every last one of almost 9,000,000 people in 
Pennsylvania is directly affected by the destruction of 
our forests, our game and our fish. 

The Game Commission of Pennsylvania wishes it 
to be fully understood that they are trying to interpret 
and enforce the Game Law of this State according to 
their idea of its spirit and purpose, rather than its ex- 
act wording. For instance, the law says that no per- 
son shall have a game bird in possession except during 
a certain season, nor shall anyone have in possession 
at any time a bird of a kind known as "a wild-bird 
other than a game bird," excepting under the provi- 
sions of law. If upon investigation it develops that a 
protected bird of any kind was taken into possession 
through a spirit of kindness and with . the intent to 
benefit, or save the life of a suffering bird, we con- 



GAME, FISH AND FOREST LAWS. 

Btruo this action to be in accord with what we under- 
stand to be in the purpose of the law ; namely, a step 
toward the preservation and protection of our birds, 
and one that should be commended rather than con- 
demned. 

While the letter of the law permits the Game CJom- 
mission or its duly authorized officers to do certain 
things that it forbids the ordinary citizen to do, we 
construe this to be a provision intended to bene- 
fit the Commonwealth and not intended to benefit the 
officer, and will in no instance permit an officer to 
exercise a privilege of this kind ior personal profit. 
We will not permit one of our officers to lead an inno- 
cent person into temptation for the purpose of collect- 
ing a penalty — either for his own use or for the use 
of this office. For example, the law gives Game Pro- 
tectors, for the purpose of securing evidence, the right 
to buy or sell certain game that may not be bought 
or sold for any purpose by any individual in the State, 
under a heavy penalty. A country boy may kill a 
grouse, and a dollar to him may exceed several times 
over the value of the bird. We will not permit any of 
our officers to lead such a person into a violation of 
the law for tiie purpose of collecting a penalty. 
Neither will we, for the purpose of making a cape, per- 
mit an officer to sell game to an unwary and entirely 
innocent individual, who may be hunting. Where we 
have reason to believe persons are wilfully and delib- 
erately violating the law, either through the purchase 
or sale of game contrary to law, we feel that it de- 
volves upon us to break up such practice, and will do 
our best to secure the necessary evidence to attain that 
end. 

The Game Law provides that game kiUed In this 
Commonwealth may be had in possession at certain 
times only, and imposes a penalty for having such 
game in possession at any other time. We do not 
understand the intent of this law to arbitrarily mean 
that men may have game in possession only at a cer- 
tain time, but instead was intended to^ safeguard the 
lives of game birds or animals by making the posses- 
sion of game out of season an evidence that the game 
in question was killed illegally. Therefore, where it 
is evident that a deer, or any other animal, or bird, 
was not killed by the man having it in possession, 
or through his instrumentality — as for instance a deer 
killed by a railroad train — we can see no good reason 
why some human being may not be benefited through 



GAME, FISH AND FOREST LAWS. 

nsing the flesh of such animal, rather than to have 
•i ir«<- iinnn fhc ^Tound or become the iood oi oogB 
ir Sows All game so killed should of course wh^r- 
eve? pSblt be^sent to a hospital or other charitable 

'°fr^o?nassed by the Legislature of 1909 says the 
shoot, m this ^<>°^°^^°l^*rir^, mvii^ Inst nrovision to 

'^?,t t„^ ?his a™for the purpose of persecution. 
posS to prosecute and pumsh »" ™l»t°™ f^ ^^ 

?he n^me (/ the offender, the location, the nature of 
^l XSIe and the date upon which it was committed, 
Khe names of witnesses ^^^ ^he postoff.ce^addr^^^^^ 
)v* i-Ti^ HnmP so that we may be able to investigate 
ouicklv^ntelligently and with as little expense as 
pSssSfe. TOs request mcludes misconduct iipon the 
part of our offfcers as well as violations of the Game 
Laws The name of any person giving us mforma- 
Hon in this way will be held strictly confidential. 
We have many volunteer officers whom we have 

never met, and of whom, P^^^^V^'Tr iinTist treaf: 
We cannot hope to know of unfair or \\n.inst treat 
ment upon the part of thesp men. unless those who dr 
kno4 oMt notify us, and we ask Jon to ^^^P ^^4^ 
this matter as well as any <>ther feature of the worft^ 
We want the enforcement of the Game Law to De 
clean and just in all ways. 

Respectfully submfl'tted, 
SETH E. GORDON, 
Secretary, Game Commission. 



GAME UWS 



IWS. P. L. 
t78. 



Appointment 
vt Boaxd of 
fhuBeOom- 
■iMdonetB, 
aathorlied. 



"SfenBi of 
list ap- 
tpolnteefl. 



▼aocancy, 
howfllle<l. 



>iai terra 
riwiibe 
**ree 7«arfl. 



Jf* oompen- 
Mtlonfor 

MtllOM. 



DIVISION 1 

CONTAINING LAWS RELATIVE TO GAME 
AND WILD BIRDS. 

ESTABLISHING BOARD OF GAMH COMMIS- 
SIONERS. 

An act to provide for the appointment of Game Com- 
missioners for the Commonwealth of Pennsylvania, 
defining their duties and empowering them to 
appoint Game Protectors. 

Section 1. Be it enacted, &c., That the Governor 
of the Commonwealth is hereby authorized and re- 
quired to appoint, subject to the approval of the 
Senate, six competent citizens of this State to be 
and act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial district, 
and shall, upon said appointment designate which 
two of said persons shall receive and hold office dur- 
ing the term of on© year, which two o^ said persons 
shall receive and hold office during the term of two 
years, and which two of said persons shall receive and 
hold office for the term of three years. 

Upon the death, resignation or removal from office 
of any persons so appointed as aforesaid, the Gover- 
nor shall appoint a competent person to serve for 
the unexpired term of the person so dying, resigning 
or removed, subject to the approval of the Senate at 
its next meeting, if such meeting shall be before the 
expiration of the term of office of such appointee. 

Upon the expiration of the term of the officers so 
appointed and designated under the provisions of this' 
act, their successor shall be appointed in manner 
aforesaid for the term of three years so that there 
shall not be more than two vacancies at any one 
time in such commission, and the term of two com- 
missioners shall expire thereafter each year. The 
commissioners shall receive no ^Gompensation for 
their strviceB. 



(10) 



GAME LAWS. 



U 



Section 2. The Board of Game Commissioners 
shall have an office in the Capitol, at Harrisburg, 
Pennsylvania, and shall hold meetings at such office 
on the first Thursday of January and July and at 
such other times and places within the State as the 
commissioners shall appoint for the transaction of 
business. It shall be the duty of said Board to pro- 
tect and preserve the game, song and insectivorous 
birds and mammals of the State, and to enforce, by 
proper action and proceedings, the laws of this Com- 
monwealth relating to the same. It shall be the duty 
of said board to collect, classify and preserve all such 
statistics, data and infonnation as, in their judgment, 
will tend to promote the objects of this act, to take 
charge of and keep all reports, books, papers and doc- 
uments which shall, in the discharge of their duties 
hereunder, come into their possession or under their 
control. 

It shall be the duty of said Board, on or before the 
first Monday in December of each year, to prepare 
and present to the Governor of this State an annual 
report, showing what has been done by them during 
the current year, the amount received by them, and 
from what sources, and the amount expended by them, 
and for what purposes, with such recommendations 
for legislative aiition, if any, as the said board may 
deem wise for the better accomplishment of this act. 
The Governor i^all lay said reports before the Legis- 
latures convening next after their receipt. 

Section 3, as amended by the Act of July 12th, 
1919, P. L. 932. 

Section 8. The Board of Game Commissioners 
shall have the power and authority to appoint eighty 
(80) competent men, if so many be needed to prop- 
erly discharge the duties devolving upon said Board, 
whose power and duties are hereinafter defined, and 
who shall be known as Game Protectors, which num- 
ber shall include such men as may be appointed Game 
Protectors and detailed to office duty. The said 
Board shall, from time to time, designate one of such 
Protectors as Chief Protector, who shall remain such 
during the pleasure of the Board, and who shall have 
the direction, supervision, and control of the other 
Protectors. The Chief Game Protector shall be 
Secretary to the Board of Game Commissioners, and 
shall occupy as his permanent headquarters the 



Office of 
Board. 

Meetlngrt. 

Duties of 
Board in 
protection of 
game. 



In collection 
of •tatiatlci. 



Keep re- 
portB, 4c. 

Annual re- 
port to QoT- 
ernor. 



Content* of 
report. 

Governor 
Eihall presest 
report to 
Legislatnro. 

Game 
protectorg. 

Number. 



Chief Game 
Protector 
shall b« 
Secretary of 
the Board. 



12 



GAME LAWS, 



Annual re- 
port and 
bulletins. 

Protectors 
shall hold 
office at 
pleasure of 
Board. 

Shall en- 
force game 
laws. 

Serye sub- 
poenas. 



Shall keep 
record of 
official acts, 
&c., and re- 
port under 
oath. 

Chief Pro- 
tector shall 
report negli- 
gence on 
part of Pro- 
tectors. 
Shall make 
monthly re- 
port. 



rooms assigned to the Ganip Commissioners at the 
Capitol, at Harrisburg. f^ri'd Secretary shall have 
authority to have printed, at the expense of the 
State, the annual report of the Board of Game Com- 
missioners to the Governor, and such other bulletins 
as, in the opinion of said Board, may be necessary 
to its work. 

Section 4. Game Protectors so appointed shall hold 
office during the pleasure of the Board of Game Com- 
missioners, which may summarily remove any of their 
number and appoint another in his place. The Game 
Protectors shall enforce all the game laws of the 
State and the provisions supplementary thereto, and 
shall have full power to execute all warrants and 
search warrants issued for the violations of the game 
law, and to serve subpoenas issued for the examf na- 
tion, investigation or trial of all offences against said 
laws ; each Protector shall keep a record of his official 
acts, receipts and expenditures and at the dose of 
each month make summary of such record, with such 
statements in detail as shall be necessary for the 
information of his Chief, and report the same to the 
Chief Protector under oath. The Chief Protector 
shall report to the Board of Commissioners any negli- 
gence or dereliction of duty or incompetency on the 
part of any of the protectors, with the facts relating 
thereto, and he shall report monthly to said Commis- 
sioners the operat on of this department during the 
preceding month, and shall make such further re- 
ports as may be required by the Board of Commis- 
sioners. 

Approved— The 25th of June, A. D. 1895. 

DANIEL H. HASTINGS. 



A SUPPLEMENT 



Maj 21, 
1901, P. L. 
266. 



To an act, entitled "An act to provide for the ap- 
pointment of Game Commissioners of the Common- 
wealth of Pennsylvania, defining their duties, and 
empowering them to appoint Game Protectors," ap- 
proved the twenty-fifth day of June, Anno Domini 
one thousand eight hundred and ninety-five; ex- 
tending the powers of said Protectors, making dis 



GAME LAWS. 13 

position of fines received by them, and regulating 
their pay. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act the Game Protectors appointed 
by virtue of the provisions of the act, entitled "An 
act to provide for the appointment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties, and empowering them to appoint 
Game Protectors," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred and 
ninety-five shall have, in addition to the powers con- 
ferred upon them by said act, the authority to arrest ^f.^ arrest 
without warrant any person or persons feund by Jant^ ^*'" 
them in the act of violating any of the laws of this 
Commonwealth now in force, or that may hereafter 
be enacted for the protection of game, o^ song and of 
insectivorous birds, and take such person or persona 
forthwith before a justice of the peace or other magis- 
trate having jurisdiction, who shall proceed without 
delay to hear, try and detennine the matter; rach 
arrest may also be made on Sunday, in which case "^ ^*^® <^' 
the person or persons, so arrested, for safe keeping g^day*^" 
may be committed to the jail for that day, but shall 
be taken before the proper magistrate and proceeded 
against as soon as may be on a "week day following 
the arrest. 

Section 2- Said Game Protectors shall have power, elamhia^t?o 
without warrant, to search and examine any boat, without ° 
conveyence, vehicle, game-bag, game-coat, or other warrant. 
receptacle for game, when they have good cause to 
believe that any of the laws of this Commonwealth 
for the protection of game, of song or of insectivorous 
birds, have been violated ; and the said game protec- 
tors shall, at any and all times, have the right to 
seize and take possession of any and all birds or ani- game"^^ "' 
mals which have been caught, taken or killed, at any 
t'me, in a manner or for a purpose, or had in posses- 
sion or under control, have been shipped or about to 
be shipped, contrary to any of the laws of this Com- 
monwealth. Any court having jurisdiction of the 
offense, upon receiving proof of the probable cause 
for believing in the concealment of any bird or animal 
caught, taken, killed, had in possession, under con- 
trol, shipped or about to be shipped contrary to any 
laws of this Commonwealth, shall issue a search war- search war- 
rant, and cause a search to be made in any place; rant. 



14 



GAME LAWS, 



Oamc seized 
to be for- 
warded to 
the neare«t 
hospital. 

Guns and 
appliances. 



Public 
anctioD . 



Becnriug of 
erldence. 



Game to he 
forwarded to 
hospital. 



Interference 
with Game 
Protectors. 



Aid In 
making ar- 
rests. 



and to that end may, after demand and refusal, 
cause any building, enclosure or car to be entered, 
and any apartment, chest, locker, box, trunk, crate, 
basket, bag or package, to be broken open and the 
contents thereof to be examined by said Protector. 
All birds or animals classed as game, found therein 
in violation of law, shall be seized by th^ protector 
making the search, who shall, as soon as may be 
thereafter, forward said game to the neareet hospital, 
for the use of the sick or injured tlierein ; the bodies 
or parts of bodies of all song or insectivorous birds, 
so taken, shall, unless needed for evidence, be de- 
stroyed ; all guns, gunning appliances, shooting ap- 
paratus, trap or gunning apparel, found in said 
receptacle or receptacles, whore the search warrant is 
issued against a non-resident, shall be seized by said 
Protector, and held, subject to the payment of the 
maximum penalty attached by law to the offense 
charged, and the costs of prosecution ; said goods to 
be sold at public auction, after the lapse of twenty 
days from the date of seizure, and failure of the 
reputed owner to appear and defend himself against 
the charges preferred and such Game Protector or 
Protectors shall not be liable for damages on account 
of any arrest, search, examination, seizure or sale, 
made in accordance with the provisions of this act. 

Section 3. Any of the Game Protectors of this 
State shall have the right, for the purpose of securing 
evidence wherewith to convict of violations of the 
game law, to purchase or sell game, the purchase or 
sale of which is otherwise forbidden, and shall not be 
liable to any of the fines or penalties imposed by law 
for the purchase or sale of game. All game re- 
maining in the hands of a Protector, after the pur- 
pose for which it was procured shall have been ac- 
complished, shall be forwarded to the nearest hos- 
pital for the use of the sick or injured therein. 

Section 4. Any person or persons interfering with 
any of the Game Protectors of this Commonwealth 
in the discharge of their duties, or resisting arrest, 
shall be liable to a penalty of one hundred dollars, 
or be imprisoned in the county jail for a period of 
one day for each dollar of penalty imposed. Any 
game protector is hereby authorized to call to his aid 
any citizen or citizens of this Commonwealth, for 
assistance as needed in making an arrest. 



GAME LAWS. Ifl 

Section 5. That the Game Protectors, so ap- Comi>eiuHi- 

pointed, shall receive salary or pay per day, as may tion of 

be agreed upon by th« Game ComTaission, with ex- GamePro- 

penses not to exceed two dollars per day outside tectorg. 

of traveling expenses ; sa^'d expense account to be ,,,,ro<»T)«M« 
itemized and presented under oath. All moneys com- „ -^ ^^^ 

ing to any Game Protector as his part of any fine or p^psifipa to 

Aftproved — The 21st day of May, A. D. 1901. ht^ ttimpd 

WILLIAM A. STONE. a^m^Com- 
penalty, under existing law, wherein he is the prose- "^^'"^**"- 
cutor, shall belong to the Game Commission, and Provtso. 
shall be surrendered by said Protector to the Secre- 
tary of the said C5ommission for its use : Provided, 
That the combined expense account of the Game 
Commission shall not exceed the amount set apart Repeal. 
by law to their use. 

Section 6. All acts or -parts of acts inconsistent 
with this act are hereby repealed. 



CONSTABLES EX-OFFICIO WARDENS. 
An act making constables of townships and boroughs 

ex-officio fire, game and fish wardens, prescribing isg© p i,. 

their powers and duties, fixing their fees as wardens, 17. ' * * 

and prescribing their punishment for failure to 

perform their duties. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act the constables of the various ronBtaWps 
wards, boroughs and townships of the Commonwealth ]^^^^''^^' 
shall be ex-officio fire,* game, and fish wardens. enme, and 

Section 2. It shall be the duty of said fire, game n^h war- 
and fish wardens to enforce all statutes of this State dens, 
now in force, or that hereafter be enacted, for the 
protection of forests and timber lands from fire, and 
for the protection and propagation of game, game ^^^)^g 
birds, game mammals, song and insectivorous birds, 
and fish, and said constables or wardens shall have 
authority to arrest without warrant any person or -5^,,^ ^^T-ggt 
persons caught by th«m in the act of violating any of ^f|,ont 
the aforesaid laws for the protection of forests and warramt 
timber lands, game, and food and game fish, and 
take such person or persons forthwith before a jus- 
tice of the peace or other magistrate having juris- 
diction, who shall proceed without delay to hear, 
try and determine the matter. Such arrests may be 

*Se far as it relates to oonBtables aa ex-offlclo firo wardens 
tbiM Act Is repealed. 



18 



GAME LAWS. 



Arrests may 
ie made on 
Simday. 



Tower with- 
•at warrant 
te search 
■Dd examine. 



To seize and 
tMke posBes- 
■km of game 
ondflsh 



fkmrtH mar 
fBsnp soarcli 
warrants. 



Fropertjr 
Kteed to he 
disposed of 
as directed 
ay the court. 

Oenstables 
not liable 
§n damages. 



Constables 
«r wardens 
te be paid. 



Juuomit. 



also made on Sunday, in which case the person or 
persons arrested shall be taken before the proper 
officer, and proceeded against as soon as may be on 
a week day following the arrest. 

Section 3. Said constables or wardens shall have 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, game 
bag or game coat, or other receptacle for game or 
fish, when they have good reason to believe that any 
of the laws for the protection of forests and timber 
lands, game and fish, have been violated ; and the 
said constables shall at any time seize and take pos- 
session of any and all birds, animals or fish, which 
have been caught, taken or killed at any time, in a 
manner or for a purpose, or had in possession or 
under control, have been shipped or are about to be 
shipped, contrary to any of the laws of this State. 
Any court having jurisdiction of the offense, upon 
receiving proof of probable cause for believing in 
the concealment of any bird, animal or fish, caught, 
taktn, killed, had in possession, under control or 
shipped, or about to be shipped, contrary to law, 
shcdl issue a search warrant and cause a search to 
be made in any place, and to that end may, after 
demand and refusal, cause any building, enclosure or 
car to be entered, and any apartment, chest, box, 
locker, crate, basket or package, to be broken open 
and the contents thereof examined by said constable. 
All birds, animals or fish, or net, or fishing ap- 
pliances, or apparatus, seized by any constable or 
warden, shall de disposed of in such manner as may 
be directed by the court before whom the offense is 
tried, and such constables or warden shall not be 
liable for damages on account of any such search, 
examination or seizure, or the destruction of any nets 
or fishing apparatus of any kind in accordance with 
the provisions of this act. 

Section 4. Any constable or warden, upon the ar^ 
rest and prosecution of any offender tm oonTictioli 
uniior the provisions of this act, shall, in addition 
to the fees to which he may be entitled under «xict- 
ing laws, be paid for his services the ium of ten 
dollars on a warrant drawn by the county commis- 
sioners on the county treasurer one-half of wbidi 
shall be paid out of the treasury of the reapective 
county, and the remaining half of said reward shall 



GAME LAWS, 



17 



be paid by the State Treasurer into the treasury 
of said county, out of moneys not otherwise appro- 
priated, upon warrant»from the Auditor General, but 
no such warrant shall be drawn until the respective 
county commissioners shall have first furnished, under 
oath, to the Auditor General, a written itemized 
statement of such expenses, and until the same is 
approved by the Auditor General: Provided, That 
no county shall be liable to pay for this purpose in 
any one year an amount exceeding five hundred dol- 
lars. 

Section 5. Each of said constables or wardens 
shall for the purpose of this act, have concurrent 
jurisdiction throughout his own proper county; and 
they shall in the first week in each term of the court 
of quarter sessions of theit respective counties, make 
special returns to said court, under oath, of all vio- 
lations occuring in their respective townships, or 
which may come or be brought to their notice, of 
any of the provisions of any law now in force, or 
tliat may hereafter be enacted, for the protection of 
forests and timber lands, game and fish ; and it shall 
be the duty of the judge of said court to see that 
auch returns are faithfully made, and any constable 
or warden wilfully neglecting or refusing to make 
such returns, or to prosecute any offense under said 
laws of which he shall have personal knowledge or of 
which he shall have notice in writing by any citizen, 
giving the name of the offender together with the 
names of the witnesses, shall be guilty of a misde- 
meanor, and upon conviction thereof be sentenced to 
pay a fine of fifty dollars, or to undergo an imprison- 
ment in the county jail for two months, both or «ither 
at the discretion of the court. 

Section 6. All sections, provisions, acts or parts 
of acts inconsistent with this act, or any section of 
it, are hereby repealed. 

Approved — The 22nd day of March, A. D. 1899. 

WILLIAM A. STONE. 



How paid. 



PrOTlBO. 



Constable* 
or waidena 
to hare 
concurrent 
JuriBdiction. 



To make 
epecial re- 
turns to 
court. 



Duty uf the 
court. 

Neglect or 
refusal of 
constables t 
misde- 
meanor. 

Penalty. 



Eepoal. 



PROTECTING BEAVER. 
An act to prohibit the capture or killing of beaver March 17, 
within the Commonwealth of Pennsylvania, and 1903, P. L. 
providing penalties for the violation of its pro- 28. 
visions. 



18 



GAME LAWS. 



Unlawful to 
kill or cap- 
ture beayer. 



Fine. 



Imprison- 
ment. 



Prima facia 
eridence. 



Bearer 
claBscd as 
"game." 

Duty of 
game war- 
dens, etc. 

Prosecu- 
tions. 



Section 1. Be it enacted, &c., That from and after 
the passage of this act, it shall be unlawful to kill or 
capture, or to attempt to kill^ or capture, any beaver 
within this Commonwealth. 

Section 2. Any person violating any of the pro- 
visions of this act shall be liable to a penalty of 
on« hundred dollars for each offense ; or, in default 
for the payment thereof, with the costs of prosecu- 
tion, to undergo an imprisonment, in the jail of the 
county where the offense is committed, of one day for 
each dollar of penalty imposed, and the possession of 
any beaver, or of the fresh skin or any portion of the 
fresh skin or carcass of such animal, shall be prima 
facie evidence of a violation of this act by the person 
or persons in whose possession the same shall have 
been found. 

Stction 3. For the purposes of this act, the beaver 
shall be classed as game in this Commonwealth ; and 
it is hereby made the duty of all officers of the State, 
entrusted with the protection of game, to see that the 
provisions of this act are enforced. All prosecutions 
for violation of the provisions of this act shall be 
brought, and the course of proceeding followed, as 
prescribed by section twelve of an act, entitled "An 
act to provide for the protection and preservation 
of game, game quadrupeds, game birds, et cetera," 
approved the fourth day of June, Anno Domini one 
thousand eight hundred and ninety-seven. 

Approved— The 17th day of March, A, D. 1903. 
SAML. W. PENNYPACKER. 



AprU Ifl. 
1903, P. L. 
213. 



Officers 
whose duty 
it is to en- 
force game 
laws. 



LIABILITY FOR COSTS. 
An act fixing the liability for record costs, in cases 
where officers, whose duty it is enforce the game 
laws of this Commonwealth, fail, for any legal 
cause, to receive the same from the defendant. 
Section 1. Be it enacted, &c.. That from and after 
the passage of this act, whenever any officer of this 
Commonwealth, whose duty it is by the laws of this 
State to protect our game, our song or our insec- 
tivorous birds, shall in good faith, bring suit for vio- 
lation of any of the laws relative to these subjects, 
and for any legal cause shall fail to recover the costs 
of record, the same shall be a charge upon the proper 



GAME LAWS. 1» 

county, and shall be audited and paid as are costs The county's 
•f like character in said county. liability 

therefor. 

Approved— The 16th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



TRESPASS LAW OF 1901. ♦ 

An act making it wilful trespass to hunt, trap and July 9.1001, 

take game birds or game animals upon cultivated P- l** ^^3. 

lands, and providing for the punishment of such 

trespass. 

Section 1. Be it enacted, &c.. That on and after g^u^tiM and 
the passage of this act, any person or persons tres- trappS^ of 
passing on any cultivated lands in this Common- game blrdB 
wealth, for the purpose of hunting and trapping and and animals 
taking therefrom any game birds or game animals, on inclosed 
after public notice by the owner, lessee, or occupant i^n^ * 
thereof, such notice to be posted on, and adjacent 
to such cultivated lands, shall be guilty of wilful 
trespass, and in addition to the damages recoverable TrespaM 
by law shall be liable to the owner, lessee, or occu- « 
pant in a penalty not exceeding five dollars for each pjjjg 
and every such offense. 

Section 2. Any justice of the peace or alderman, warrant, 
upon information or complaint made before him, by 
affidavit, of the violation of the provisions of this 
act by any person or persons, is hereby authorized 
and directed to issue his warrant, under his hand 
and seal, directed to any constable or warden of the 
county, to cause such person or persons to be ar- 
rested and brought before said justice or alderman, 
who shall hear and determine the guilt or innocence Hearing, 
of the person or persons so charged ; and if con- 
victed of such wilful trespass, shall be sentenced, 
by such justice or alderman to pay a penalty, not 
exceeding five dollars, together with costs, one-half of pine. 
such penalty shall be paid to the owner, lessee, or 
occupant of said land and the remaining half to the 
school district of the city, borough or township 
wherein such offense was committed; and if the per- 

*Thls is not a game law and is published in this pamphlet 
only a!s a matter of information to sportfimen. See trespas* 
Act on page 20. 



20 



GAME LAWS, 



Penalty. 



Appeal. 



Trial, 



son or persons, so convicted and sentenced, shall 
neglect or refuse to pay such penalty and costs, or 
secure the payment thereof within ten days, he or 
they shall be committed to the common jail of the 
proper county for a period not exceeding three 
months. 

Section 3. If any person or persons, convicted and 
sentenced under the provisions of this act, shall feel 
aggrieved thereby, he or they may appeal to the court 
of quarter sessions of the peace for the county in 
which the offense was committed, by entering into 
recognizance, with sureties to be approved by the 
justice or alderman, to appear before said court; 
which court shall hear the evidence and determine 
the guilt or innocence of the person or persons so 
charged, and on conviction of the defendant or defend- 
ants charged and a failure to pay such penalty and 
costs imposed by the act, shall commit said defendant 
or defendants to the common jail of the county, for a 
period not exceeding three months. 

Approved— The 9th day of July, A. D. 1901. 

WILLIAM A. STONE. 



April 14, 
1905, P. L. 
169. 

Trespass. 



Dp<jin posted 
land. 



Fine and 
penalty. 



TRESPASS LAW OF 1905. ♦ 

An Act making it unlawful to trespass upon land 
posted as Private property, and providing the penal- 
ty thereof. 

♦Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful for 
any person wilfully to enter upon any land, wnhin 
the limits of this Commonwealth, where the owner or 
owners of said land has caus-'d to b'> prominently post- 
ed upon said land printed uot:;/i that tho said lanvi 
is private property, and warning all persons from tres- 
passing thereon, under the penalty provided in this act. 

Section 2. Every person violating the provisions 
of this act shall be liable to a penalty of not exceeding 
ten dollars, together with the costs of prosecution, to 
be recovered before any magistrate or justice of the 
peace as fines and penalties are by law recoverable 

•This is not a g"ame or fish law and is printed in 
this pamphlet only as a matter of information to 
sportsmen. 



GAME LAWS 



21 



and, in default of payment of said fine and costs, the 
party convicted shall be committed to the county jail 
of the proper county, for one day for each dollar of 
fine imposed. 

Section 8- All penalties recovered under this act 
shall be paid to the school fund of the district in which 
the trespass was committed. 

Approved— The 14th day of April, A. D. 1905. 
SAML. W- PENNYPACKER. 



SPECIAL DEPUTY GAME PROTECTORS. 

An Act to provide for the appointment of Special 
Deputy Game Protectors, for the Commonwealth of 
Pennsylvania, and defining their duties and powers. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, the Board of Game Com- 

issioners of this Commonwealth shall be empowered 
t^ appoint, at their discretion, competent men 
throughout the Commonwealth, to be known as 
Special Deputy Game Protectors, who in all ways 
shall possess the rights and powers now given by law 
to Game Protectors, and be subject to all require- 
ments and regulations, either of the law or of rules 
of the Board of Game Commissioners, controlling the 
action of such Game Protectors in this Common- 
wealth : Provided, Such Special Deputy Game Pro- 
tectors shall in no way be entitled to recompense from 
either the county or Commonwealth for services ren- 
dered or expenses incurred in the performance of 
their duties. 

Approved— The 18th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



April 18. 
1905, P. I.. 
201. 

Special 
Depnty G&iim» 
Protecton . 



Blsrhts and 
power! . 



ProTlao . 



AUTOMATIC GUNS PROHIBITED. 

An act prohibiting the use of automatic guns, for May 3i, 

the killing of game or wild birds within this i»J7, P. L. 

Commonwealth, and prescribing a penalty for vio- '^'^^^ 

lation of its provisions. 

Section 1. Be it enacted, &c., That from and after Automatic 

the passage of this act, it shall be unlawful for any guns. 



22 



GAME LAWS 



Kllllnf of 
came. 



Vlolatloni. 



flommArr 
coDTlction , 



person to use what is commonly known as an auto- 
matic gun for the killing of game in this Common- 
wealth. Each and every person violating any provi- 
sion of this section shall be liable to a penalty of fifty 
dollars for each offense, or shall suffer an imprison- 
ment in the common jail of the county for a period of 
one day for each dollar of penalty imposed. 

Section 2. Each and every magistrate, alderman, 
and justice of the peace within this Commonwealth, 
shall have the right of summary conviction in all mat- 
ters pertaining to violation of the provisions of this 
act, and all prosecutions for violation of any of its 
provisions shall be conducted, and the penalties dis- 
posed of, in manner and form as is now prescribed by 
law for violation of the game laws of this Common- 
wealth. 

Approved— The 31st day of May, A. D. 1907. 

' EDWIN S. STUART. 



This act is constitutional and is the law. See opin- 
lon Superior Court Case of Commonwealth vs. Thos. 
W. McComb, No. 148 October term, 1908. Superior 
Court of Penns3'lvania. Appealed from Delaware 
county. 

39 Pa. Superior Court 411; 227 Pa. Court 377; 
citation pages 145 and 146 of this pamphlet. 



Act Maj 8, 
1909, P. L. 
46fl 

■mended bj 
ths act 
July 11, 
1917. P. L. 
779. 



Wild blt4» 
ind anlmala 
tnd came. 



ALIEN FIREARMS LAW. 

An act to give additional protection to wild birds and 
animals and game within the Commonwealth of 
Pennsylvania, prohibiting the hunting for, or cap- 
ture, or killing of, such wild birds or antmals or 
game by unnaturalized foreign-bom residents, for- 
bidding the ownership or possession of shotgun or 
rifle by any unnaturalized foreign-born resident, 
within the Commonwealth ; and prescribing penal- 
ties for violation of its provisions. 

Section 1. As amended by the act of July 11th, 

1917, P. L. 779— 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-bom resident to hunt for or 



GAME LAWS 



28 



capture or kill, in this Commonwealth, any wild bird 
or animals, either game or otherwise, of any descrip- 
tion, excepting 'n defense of person or property ; and 
to that end it shall be unlawful for any unnaturalized 
foreign-born resident within this Commonwealth, to 
either own or bp possessed of a shotgun or rifle of 
any make, or a pistol or firearm of any kind. Each 
and every person violating any provision of this sec- 
tion shall, upon convection thereof, be sentenced to 
pay a penalty of twenty-five dollars for each offense, 
or undergo imprisonment in the common jail of the 
county for the period of one day for each dollar in 
penalty imposed : Provided, That in addition to the 
before-named penalty, all guns of the before-mentioned 
kinds found in possession or under control of an un- 
naturalized foreign-born resident shall, upon convt'c- 
tion of such person, or upon his signing a declaration 
of guilt as prescribed by this act, be declared forfeited 
to the Commonwealth of Pennsylvania, and shall be 
sold by the Board of Game Commissioners as herein- 
after 'oirected. 

Section 2. For the purposes of this act, any un- 
natural)Jzed foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be con- 
sidered a resident, and shall be liable to the penal- 
ties imposed for violation of the provisions of this 
act. 

Section 3. As amended by the act of July 11th, 
1917, P. L. 779. 

Section 3. That the possession of a shotgun or 
rifle or pistol or firearm of any kind at any place 
outside of buildings, within this Commonwealth, by 
an unnaturalized foreign-born resident shall be con- 
clusive proof of a violation of the provisions of sec- 
tion one of this act, and shall render any person con- 
victed thereof liable to the penalty as fixed by said 
section. 

Section 4. As amended by the act of July 11th, 
1917, P. L. 779. 

Section 4. That the presence of a shotgun or rifle, 
or pistol or firearm of any kind, in a room, or house, 
or building, or tent, or camp, of any description, 
within this Commonwealth, occupied or controlled 
by an unnaturalized foreign-born resident, shall be 



Unlawful for 
unnatnrallceA 

foreign-bom 
residents to 
hunt. 

Or to own 
or possess 
BbotgUQ or 
rifle or fire- 
arm of any 
kind. 

Violations . 

Penalty • 

Proviso . 

Forfeiture ot 
guns. 



' ' Unnatural- 
ized foreign 
born resi- 
dent" de- 
fined. 



PoBsession 
outside of 
building. 



PrcMBe* ■• 
guns In 
room, houM 
etc. 



24 



GAME LAWS, 



Prima faclt 
evidence. 



Notice of all 
■elcm'CB. 



Rale 



Duty of 
offlcerH . 



Arreets. 



Sniida.T ar- 
reerte. 



Concealment 
of i;nn. 



■earch war- 
rant. 



prima facie evidence that such gun is owned or don- 
trolled by the person occupying or controlling the 
property in which such gun is found, and shall ren- 
der such person liable to the penalty imposed by sec- 
tion one of this act. 

Section 5. That notice af the seizure of all guns, 
made for violation of any provision of section one 
of this act shall be sent to the Board of Game Coni- 
missioners, at Harrisburg, by the officer making such 
seizure, immediately after the final verdict in any 
prosecution brought for violation of said provisions, 
or upon, the signing of the acknowledgement of guilt, 
as hereinafter provided; and the gun so seized shall 
be sold, at the discretion of the Board of Game Com- 
missioners, who shall apply the money thus realized, 
first to the payment of costs arising from such prose- 
cution and seizure, and the remainder, if any, shm 
be paid to the State Treasurer for the use of the 
Commonwealth. 

Section 6. That all duly appointed and sworn of- 
ficers of the Board of Game Commissioners of this 
Commonwealth, and all constables, police officers, 
members of the State constabulary, forestry-wardens, 
and all peace officers of the Commonwealth, shall have 
the right, and it is hereby made their duty, to ar- 
rest, without warrant, any person whom they have 
good reason to suspect as belonging to the class of un- 
naturalized foreign-bom residents, when they find 
such person with guns of the before-mentioned kind 
in possession, within the Commonwealth of Penn- 
sylvania. Such arrests may also be made upon 
Sunday, in which case the person or persons so ar- 
rested, for safe-keeping may be committed to the jail 
or lock-up for that day ; but shall be taken before the 
proper magistrate and proceeded against on a week 
day following the arrest; and any or either of such 
officers shall have the right and power, where they 
suspect the concealment by an unnaturalized foreigi)- 
born resident of guns of the before-mentioned kind, 
to apply to any court having jurisdiction of the of- 
fense, within the Commonwealth, who upon receipt 
of proof made by affidavit of the probable cause for 
believing in such concealment, shall issue a search 
warrant and cause a search to be made in any place; 
and to that end the said officer shall have power, 
after demand and refusal, to cause any building, 



GAME LAWS. 20 

room, inclosure, or car to be broken open and en- 
tered, and any closet, chest, locker, box, trunk, 
crate, basket-box, or package, or other receptacle, 
to be opened and contents examined by said officer. 

Section 7. Each and every magistrate, alderman, MafUtratei. 
and justic* of the peace of this Commonwealth shall adermen, 
have the power of summary conviction pertaining and justicM. 
to the violation of any of the provisions of this act; f^JXtiJn 
and all actions for violation of any of the provisions 
hereinbefore-mentioned, excepting where the defendant 
is taken in the act or in a pursuit immediately fol- 
lowing the act, shall be commenced by affidavit made 
within one year of the time of such violation. Each 
and every magistrate, alderman, and justice of the 
peace, on complaint made before him, on affidavit Affldant. 
of any person, of a violation of the provisions of this 
act by any person, is herewith authorized and re- 
quired to issue his warrant, under his hand and 
official seal, directed to any constable, police officer, 
game-protector, or any other officer of the State 
known as a police officer and authorized to serve 
warrants, and cause such person to be brought before warrant, 
such magistrate, alderman, or justice of the peace, 
who shall hear the evidence and determine the guilt Hearinig. 
or innocence of the party charged. If the accused 
be convicted of such offense, he shall be sentenced to 
pay the full penalty prescribed by the section vio- 
lated, and to pay all costs of prosecution. AH 
penalties collected in cases where the prosecutor is a 
paid officer of the Board of Game Commissioners Disposition 
shall be immediately surrendered by the court re- of fines, 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the Secretary of the Board, who 
shall at once deposit the same to the use of the 
Commonwealth. Where any other than a paid officer 
of the Board of Game Commissioners is the prosecu- 
tor, * * * Under the provisions of the act of June 
7th, 1919, P. L. 423, the entire penalty * * * shall be 
forthwith forwarded to the Secretary of the Game 
Commission, at Harrisburg, together with a state- 
ment of the cause for which said money shall have 
been collected, the cost of which statement is hereby 
fixed as fifty cents, and made a part of the costs of 
prosecution. It shall be the duty of the Board of u^jy „, y,. 
Game Commissioners to keep a record of the cases Board, 
for which said money was collected, and to deliver 



26 



GAME LAWS 



Refusal to 
pay penalty. 

Penalty. 



Curmnltment. 

ProrlBo . 

Aclonowledg- 
inent of of- 
fense, ajnd 
payment. 

Receipt . 
ProTlso. 



the fund thus arising, at least once a month, to the 
State Treasurer, for the use of the Common weaJth. 
Any defendant refusing to pay such penalty, with 
the costs of prosecution, shall be committed to the 
common jail of the county, for a period of one day 
for each dollar imposed, unless he shall enter a good 
and sufficient recogizance, with one or more sureties, 
to pay such penalty within ten days, or to answer 
such complaint, upon the charge of misdemeanor, be- 
fore the court of quarter sessions of the peace of the 
county in which the offense was committed ; which 
said court, upon the conviction of the defendant of 
such offense, and on his failure to pay the penalty 
imposed, together with the costs of prosecution, shall 
commit such defendant to the common jail of the 
county for a period of one day for each dollar of pen- 
alty imposed : Provided, That any person charged 
with violation of the provisions of this act may, at 
his discretion, sign an acknowledgment of the of- 
fense committed, and pay any duly sworn Game Pro- 
tector the penalty in full, as fixed by the section 
violated, with costs to that date and the printed re- 
ceipt therefor, which shall in every instance bear 
the seal of the Board of Game Commissioners and 
tho signature of its Secretary, shall be evidence of 
full satisfaction for the offense committed : Provided, 
also. That all guns seized, in cases in which the be- 
fore-mentioned receipt is given, shall be sold under 
the provisions of section five, and the moneys realized 
therefrom be applied as therein directed. 

Section 8. All acts or parts of acts inconsistent 
with tlie provisions of this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1909. 

EDWIN S. STUART. 



April 17, 
1918, P. 
8R. 



RESIDENT HUNTER'S LICENSE LAW. ^ 

An act for the better protection of wild birds and 
game within the Commonwealth of Pennsylvania; 
requiring citizens of the United States residing 
within this State to procure a license before using 
guns for the purpose of hunting for any wild birds 
or animals protected by the laws of this Common- 
wealth ; and providing penalties for violations of 
its several provisions, and the manner of proceed- 
ing to enforce compliance therewith ; and pro- 



GAME LAWS. '21 

viding for the disposition of the license fees, fines wild birds 
and penalties received. «nd fame. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any person residing within this Commonwealth 
to hunt for wild birds or wild animals protected Hunter's li- 
by the game laws of this Commonwealth, with fire- cense-act. 
arms, or with a device of any kind propelling with 
force a leaden or metal pellet or bullet; or, except 
in the defense of person or property, to shoot at or 
kill, or pursue with the intent to take, kill or wound, 
any such wild birds or wild animals found within 
this Commonwealth; without first securing a license LiceDse. 
to do so, in accordance with the provisions of this 

Section 2. Whenever the word "person" is used "P^"o°" 
in this act, such word shall be taken to include 
every person. All words or terms in this act which "Number. " 
refer to persons in the singular number shall be 
taken to include the plural number. All words of "Gender." 
the plural number shall include the singular num- 
ber, and all words of the masculine gender shall be 
taken to include the feminine gender. 

Section 3. For the purposes of this act any per- F,?ff2^? ^P" 
son born in the- United States of America, or any needed 
person fully naturalized under the laws of the United 
States, or the son of any such naturalized person, 
under the age of twenty-one years, who has been 
a bona fide resident of this Commonwealth for a 
period of thirty days next preceding his application, 
shall be entitled to the license herein referred to, 
upon the further fulfillment of the requirements of 
this act. 

Section 4. As last amended by the act of April 
21st, 1921, P. L. 130. 

Section 4. Each and every resident of this Com- Application 
mon wealth, such resident being a citizen of the United 'or iicenBe. 
States, upon application made, verbally or n writing, 
to any county treasurer within the Commonwealth, Proof. 
and the presentation of proof that he is a citizen of the 
United States and a bona fide resident of this Com- 
monwealth under the requirements of this act, and, in Naturaiiied 
the case of naturalized foreign applicants, the pro- foreifimera. 
duction of such applicant's naturalization papers, and jpee. 
the payment to said county treasurer of one dollar, 
shall be entitled to what is herein designated as a Tag. 
"Resident Hunter's License," and a tag with the num- 
ber ot the license thereon : Provided, That no person Peraon aii4er 
under the age of sixteen years shall be entitled to re- ■*xteen. 



28 



GAME LAWS 



PerBou under 
fourteen. 



Form ot 

Deacrlptlon 
of applicant. 



Naturalliatlon 
papers. 
BlKbta ac- 
gnlre* by 

lirenses. 



Term . 
Signing. 



DUplar 



DlaplET of taff 



Who may 

iRgne 

llcenees. 



Who may 

reoeire 

appllcatlooa. 



ceive such license, without presenting a written re- 
quest therefor, bearing the signature of his father or 
mother or his legally constituted guardian: Provided 
further, That no person under fourteen years of age 
shall be granted a license. Said license shall be issued 
on a form prepared and supplied by the Board of 
Game Commissioners, at the cost of the Common- 
wealth. Such license shall bear a description of the 
person applying for the same, settfng forth the color 
of the hair and eyes, any marks or scars peculiar to 
the applicant, and such other description as the Board 
of Game Commissioners may require, with the date 
of its issue, and, in the case of naturalized foreigners, 
in addition to the above, the naturalization papers 
must be presented to the county treasurer, and such 
license shall contain the nationality of the person and 
all dates and numbers of the naturalization papers, 
and shall authorize the person named therein to use 
legal firearms for the purpose of hunting and killing 
any of the wild animals or game-birds protected by 
the laws of this Commonwealth, under the restrictions 
and requirements of existing laws, during that year 
the date of which is inscribed thereon. Said certifi- 
cate, before being valid, must be countersigned by the 
licensee, and shall become void upon the thirty-first 
day of December next following the date of issue. 
The Game Commission shall also furnish free of 
charge, and the county treasurer shall issue, with each 
license, a tag bearing the license number in figures 
at least one inch in height, which tag said licensee is . 
required to display on tlie outer garment, on the back 
between the shoulders, in such manner that all fig- 
ures be plainly visible at all times while hunting. 
The license tag for the current year only shall be 
worn displayed : Provided, That it shall be lawful 
for any justice of the peace, magistrate or notary 
public, within this Commonwealth, to take appli- 
cations for such licenses, for which service the appli- 
cant shall pay fifteen cents, in addition to the license 
fee prescribed as the cost of said license; said fifteen 
cents to be retained by said official as his fee for 
taking such application and remitting payment there- 
for to the county treasurer of the county in which 
said offical is located. Such application and remit- 
tance shall be forwarded to the proper county treas- 
urer within twenty-four hours for issuance of the 
license desired ; and no license shall be issued at 



GAME LAWS. 



2» 



any place other than the office of the county treasurer : 
Provided, That no person shall at any time procure 
a license under an assumed name, or m which an 
address other than his regular place of residence is 
eiven, or lend a license or tag to another, or know- 
ingly issue or aid in securing a license under the 
provisions of this act for himself or any other per- 
son not legally entitled to same. _ 

Any person violating any provision of this section 
shall be liable to a penalty of twenty dollars for each 
offense. . -, « 

Section 5. Any citizen of the United States, resi- 
dent within this Commonwealth, who shall, ex- 
cepting in defense of person or property, attempt 
through the use of a gun or mechanical device, be- 
fore described in this act, to hunt for, or take or 
wound or kill, any of the wild birds or animals 
protected by the laws of this Commonwealth, with- 
out first being possessed of a "Resident Hunters 
License," lawfully issued to him m his name, shall 
be liable to a penalty of twenty dollars for each 
offense; and each day upon which said gun or device 
is used shall be considered a separate and distinct 
offense: Provided, That nothing in this^^t shall 
be construed to prevent any citizen of the United 
States, residing within this Commonwealth, from 
having a gun in his home ; or from using such gun m 
defense of either person or property ; or from shoot- 
ing at targets or from hunting for or shooting at, 
in any place in this Commonwealth, anything not 
protected by the laws of this Commonwealth; or to 
prevent any bona fide owner or any bona fide lessee 
of lands within this Commonwealth, or any mem- 
ber of the family of such owner or lessee, such per- 
son being a citizen of the United States, residing 
upon and cultivating lands in this Commonwealtli, 
from hunting thereon, or, by and with the consent 
of the owner thereof, from hunting upon the lands 
immediately adjacent and connected with bl» own 
lands,— without securing the license provided for by 
this act; it being distinctly understood that no right 
is conveyed by this act to hunt upon eithei^ private 
or public property in this Commonwealth, contrary 
to the wishes of those who may own or control such 
property. 



PMTiSO. 

Pemalty 



YiOl&tloiui 



ProTlao . 



•wBenblp of 
and lawful 
Hge of ffim. 



Withoat 11- 

Bl«:liti ooa- 
act 



so 



GAME LAWS 



Possession 
of gun In 
field. 



Prima fade 
evidence of 
hunting. 

Duty to 
display tag 
or license. 



Refusal 
or neglect. 

Penalty . 



I'ossesslon 
*>t gun and 
gaiiiti ou 
blghways. 

Prima la«ie 
eridencw •! 
liuutiag. 

Duty (• 

disyiay 
ta^, ett. 
Penalty. 



Affidavit *i 
denial. 



lair p^V^ "^^ amondod by the act of April 21st, 

Section 6. For the purpose of this act, the fact 
that any person shaU be found in possession of a <nin 
or a mechanical device of any description possess^ 
mg the power to propel with force a leaden or metal 
bullet or pellet, either in the field, in the forest, or 
on the waters of this Commonwealth, shall be con- 
sidered prima facie evidence that such, person, is 
hunting, and shall require him at all times to dis- 
play his license tag for the current year as pro- 
vided in section four, or to show, immediately upon 
demand, his 'Resident Hunter's License" to any of° 
facer of this Commonwealth whose duty it is to pro- 
tect the game and wild birds of the Commonwealth, 
or to show his license immediately upon demand bv 
any owner or lessee, or by the employes or rep- 
resentatives of such owner or lessee, upon whose 
lands such person may be found; and for neglect- 
ing to display his license tag as required in section 
four or for refusing or neglecting or failing to com- 
ply with the request of any officer or any land owner, 
lessee, or employe aforesaid, such person neglect- 
ing to display his license tag as required by section 
four or neglecting or refusing to exhibit his resident 
hunter's license immediately upon demand as afore- 
said, shall, upon conviction, be liable to a penalty 
of twenty dollars for each offense. 

The fact that any person may be found, upon the 
highways of the Commonwealth, in possession of a 
gun and the dead body of any bird or animal pro- 
tected by the laws of this Commonwealth, shall be 
considered prima facie evidence that such person 
IS hunting, and shall subject such person to the fore- 
going requirements relative to displaying the license 
tag, also the license, if the latter is demanded. For 
failure or refusal to comply with any of such pro- 
visions such person shall, upon conviction, be liable 
• j^jP^,?,, *^^ 9^ twenty dollars for each offense : Pro- 
vided, That in all cases of arrest for violation of 
any of the provisions of this act, except where the 
dead body of any game bird or animal is found in 
possession of the accused, the affidavit of any person 
^vJ^Fi ^'^^ violat on, denying the charge made, shall 
overbalance what is termed "prima facil evidence" in 
any of the provisions of this act: 



GAME LAWS. 



31 



Provided also, That any person properly displaying 
his license tag as provided by this act, but unable to 
produce immediately upon demand his resident 
hunter's license, may at once sign a proper acknowl- 
edgment and deposit w; th the officer accosting him 
the pehalty of twenty dollars herein stipulated, for 
which such officer shall give an official recedpt. Such 
penalty shall, as soon as possible, be forwarded by 
the officer in question to the Game Commission 
at Harrisburg, with a report covering the case. If 
the defendant desires a return of a penalty so paid, 
he shall file, at the office of said board, within fifteen 
(15) days, an affidavit stating fully the reasons why 
he was unable to immediately display said license, 
and give his description, place of residence, license 
number, where same was secured, and its date, or 
attach the license itself, whereupon said board, if 
satisfied that the purpose was not to violate the 
provisions of this act, shall return such penalty to 
the defendant, otherwise same shall be deposiited as 
hereinafter provided and the case considered closed : 

Provided, also. That the Board of Game Com- 
missioners is hereby empowered to revoke any resi- 
dent hunter's license and deny any resident of the 
Commonwealth the right to secure a license or to 
hunt for game of any kind for a period of from one 
to five years, if said licensee has either been con- 
victed or signed an acknowledgement of violating 
any law protecting game or wild birds, or if satis- 
fied the holder of any license is unfitted physically 
or mentally to carry firearms or has been using 
firearms for the purpose of hunting while intoxi 
cated. Such license may also be revoked upon re- 
ceipt of proper transcripts or court records indicat- 
ing that any I'censee has been convicted in any 
court of record of having destroyed or carried away 
notices posted by the Commonwealth or personal 
property or crops of any kind on lands on which 
such person may be hunting, or has been careless 
in the use of firearms while hunting and thereby 
caused injury to human life or live stock or has 
caused forest fires. To revoke a license then in force, 
or to deny any person the right to secure a license 
or hunt for any period, the Game Commission shall 
send a written notice to that effect to the licensee, 
at the address given in the license records, either by 
registered mail or have same delivered in person 



Pr»Tls». 
Faitvre to 
prodace 
licence. 

Payment of 
fine to 
•Aoer. 



Return of 
fine to 
bimter. 



ProTlflo. 

ReTOcatlon 

of licence. 



KA 



GAME LAWS. 



NotiflcatloB 
of oennty 
treasurer. 



Hnntliis 
when 11- 
Ucense has 
been reT»ked. 



Penalty. 



County 
treasurers. 



Record of 
licensee. 

Index 

D«ty of 
treasarers 



iBspeotlon of 
InAex. 



Collection of 
fees. 



Treaenrer'B 
OommlMicm. 



by a representative of said board. Said board shall 
also supply the county treasurer of each county of 
the Commonwealth, in writing, the name, address, 
ascription, and the term for which such license has 
.f^en denied, together with any other data said board 
Luay deem necessary. Any person hunting for game 
of any kind during the period such person has beeo 
denied the right to hunt in the manner aforesaid, 
or securing a hunter's license, either in his own 
or an assumed name, shall, upon conviction, in ad- 
dition to the penalty imposed by this act for hunt- 
ing without a license, be sentenced to pay a pen- 
alty of twenty dollars for each separate day upon 
which such person has hunted prior to the expira- 
tion of the period for which such person has been 
denied the right to secure a license or to hunt. 

Section 7. Each and every county treasurer of 
this Commonwealth shall keep in a book to be 
supplied by the Board of Game Commissioners at 
the cost of the Commonwealth, a correct and com- 
plete record of all "Resident Hunters' Licenses" is- 
sued by him. Such book shall be in the form of an 
alphabetical index ; and it shall be the duty of each 
county treasurer to have entered therein, at the close 
of each week, the name and place of residence of each 
individual to whom a license shall have been issued 
during that week ; and to forward immediately to the 
Game Commission a complete list of licenses granted, 
with names and addresses of licensees and numbers 
of their respective license, on blanks to be furnished 
by the Game Commission; and this index shall be 
open at any reasonable hour to the inspection of any 
officer of the Commonwealth whose duty it is by law 
to protect the wild birds and game of the Common- 
wealth. 

Section 8 . As amended by the Act of May 10, 1921 
P. L.— 

Section 8. The county treasurers of the several 
counties of this Commonwealth shall b« agents of the 
Commonwealth for the collection of said license fees, 
and for services rendered in collecting and paying over 
the same said agents shall be allowed to retain for 
their own use the sum of ten cents from the amount 
paid by each licensee, which amount shall be full com- 
pensation for services rendered by him in each case 
under the provisions of this act, and shall remit all bal- 
ances arising from this source, at least once a month. 



GAME LAAVS. 



33 



to the State Treasurer for the purposes otherwise pro' 
vided for in this act. Each county treasurer shaP'- 
make his return to the State Treasurer upon a form 
to be supplied by the Board of Game Commissioners, 
at the cost of the Commonwealth, and shall in every 
instance forward a duplicate of such report to the 
Secretary of the Board of Game Commissioners, at 
Harrisburg, 

Section 0. Any officer of the Commonwealth 
whose duty it is to protect the wild birds or game 
of the Commonwealth or to preserve the peace of 
the Commonwealth shall have . the rdght to arrest, 
without warrant, any person caught in the act of 
violating any provision of this act, or in a pursuit 
immediately following such violation ; and to seize 
all guns, shooting paraphernalia, dogs, boats, de- 
coys, or other appliances used in violation of any 
provision of this act, also all wild birds or animals, 
game or othei-wise, found either in possession or 
under control of the suspected person within this 
Commonwealth. All birds and animials, or parts 
thereof, not classed as game in this Commonwealth, 
thus seized, shall be held subject to the order of 
the Board of Game Commissioners. All guns, boats, 
decoys, dogs, game, and shooting parphernalia, sesK- 
ed when such arrest is made, shall be held subject 
to the determination of the proceedings instituted ; 
and where the party accused is convicted, all game 
seized shall be forfeited to the Commonwealth of 
Pennsylvania, and as soon as may be shall be for- 
warded to the most convenient hospital, for the use 
of the sick or injured therein. All guns, boats, de- 
coys, dogs, afed shooting parphernalia of every de- 
scription, thus seized, shall be held subject to the 
payment of the penalty imposed and the costs of 
prosecution ; and, unless security be given as re- 
quired by section thirteen of this act, all such seiz- 
ed guns, boats, decoys, dogs, and shooting parpher- 
nalia shall be sold at public auction, after adver- 
tising the same for five days, by at least five pub- 
lic handbills conspicuously posted in the city, bor- 
ough, or township wherein the conviction ^ was se- 
cured. Any fund thus arising shall be applied, first, 
to the payment of the costs of prosecution ; then, 
to the payment of the penalty imposed ; and the re- 
mainder, if any, shall be returned to the owner of the 
3 



easux-er'a 
-etum 



Powers of 
officers. 



Arrest with- 
out Avarrant. 

Seizures. 



Disposition 
of seizures. 



Forfeiture oi 
game. 

Forfeiture ol 
guns, boats, 
etc. 



Application 

funds. 



94 



GAME LAWS. 



rorl«ltnr« 
trhen owners 

r««t. 



r>otti. ate. 



• rr«»tt. •U. 



riTit •!• 
f«nM 



Penalty. 

Refaud U 
9a 7 p«n«it7- 



property seized. When game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be seiz- 
ed, and the owners thereof escape arrest, and refuse to 
present themselves and make claim to said property, all 
such game, after the lapse of three days after the seiz- 
ure, shall be declared forfeited to the Oopimon wealth, 
and shall be sent to the most convenient hospital for 
purpose before indicated in this section. AU guns, 
dogs, boats, decoys, and other shooting paraphernalia 
thus seized shall be held for a period of ten days ; 
after which time, if the owner thereof fails to appear 
and defend himself ag'ainst the charges made, sudh 
property of all description shall be sold, in the man 
ner prescribed for the sale of seized property after con- 
viction, and the fund arising from such sale be appli- 
ed as in the case of the saJe after conviction : Pro- 
vided, That the fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of tiis act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of any 
description, held as the property of the imprisioned 
party, and the application of the fund thus realized 
to the payment of the costs and the penalty imposed. 

Section 10. Each and every person resisting arrest 
for violation of any of the provisions of this act, 
or refusing to go witii an officer after an arrest 
has been made, or interfering with an officer of the 
Commonwealth in the performance of his duty under 
the provisions of this act, shall be liable to a penalty 
•f one hundred dollars, which penalty when collect- 
ed shall be applied as are other penaties under 
the provisions of this act. 

Section 11. Whenever, because of the violation of 
any of the requirements of this act, any person shali 
be convicted for a first offense and a penalty be im- 
posed, and the defendant shall neglect or refuse to 
at once pay said amount, together with the costs of 
prosecution, in lawful money of the United States, he 
shall at once be committed to the common jail of 
the county in which the conviction is secured, for 
a period of one day for each dollar of penalty im- 
posed ; unless he shall enter into good sufficient re- 
cognizance to either pay the penalty and costs, within 
a period of ten days after the date of said conviction, 
•r to certiorari the proceedings under the forms of 



GAME LAWS. 

^^Z' ^^J^ ^^"7 ^® <^»se to a higher court on aoDpal 
ander t^e provis ons of section fourteen of articlf five 
of the Constitution and the laws of Pennsylvania r^ 
lating thereto For the second or any adSnS 
offense after the first offense the defendant shall i^ 
addition to the penalty prescribed for the first offense 
aIuZ ^ imprisonment of one day in jail for each 
dollar of penalty imposed: Provided, That in every 
case of a conviction for violation of any of the pro- 
visions of this act, wherein the defendant suffers im- 

Imposed, or fails to pay the costs of prosecution, aU 

nr SJi.^r^'^'r^''^^^' '^^^^^^y®' shooting paraphernalia, 
or other appliances used in violation of the law, and 
found m his possession at the time of arrest or proven 
to have been used in violation of law, shall be and 
^^^u^''^ ^^'■^^y declared forfeited to the Common- 
r c 1^*"^ Pennsylvania; and shall be either destroyed 
or sold, as the Board of Game Commissioners may 
consider best, and the money secured through such 
Bale shall be applied by said Board, first, to the pay- 
ment of the costs incurred, and the remainder, if any. 
be deposited with the State Treasurer, to be used f6r 
the purposes herein otherwise provided: the defend- 
ant being entitled, for the first offense only, to the 
credit of one day off his imprisonment for each dollar 
80 deposited with the State Treasurer. 
1917,^ P*^L ^796^^ amended by the act of July 11th, 
Section 12. All license fees collected under the 
provisions of this act, and all fines and penalties im-' 
Kf 1f1/f"^''*?5 ^^^ violation of any of its provis- 
sions shall be paid to the State Treasurer as herein- 
,^11 ^t designated, who shall keep the moneys thus 
coUected as a fund separate and apart, solely for the 
purpose of wild bird and game protection, for th« 
creation and maintenance of game sanctuaries, for 
tne purchase, propagatian and feeding of game and 
wild birds, and the payment of bounties, under the 
supervision of the Board of Game Commissioners of 
f Commonwealth of Pennsylvania ; as provided 
for by the laws of this Commonwealth and all mou.-vs, 
«Bd all balances, now in such fund from moneys al- 
ready paid into the State Treasury, through or be- 
cause of this act, or that may hereafter be paid into 
me said fund, and not needed for the payment of 
bounties, as provided for by the law of this Com- 



U 



Second or 
subsequent 
offense. 



ProTlso. 



Forfeiture 
of traps, 
gunB, boat*, 
etc. 



Dl-(>0Blt1OB 

of feei. 



Wild blr« 
and .eame 
protection, 
etc. 

Payment of 
bouutfet. 



Funds avail- 
BV)le to use 
of Game 
Commipsion. 



Requisition. 



Warrant. 



Summary 
conviction. 



Affidavit. 



Warrant. 



Hearing. 



Disposition 
Qt penalty. 



GAME LAAYS. 

„-^..n-n nvp Ti-iido available as soon as paid into 
Z St'te Txiasn^" ami m^^ hereby specifially appro- 
tho fetaw i;^'^;" -'-f ^^ j.p^^,.(.i of Game Commission- 

^"''^fnr tbi severil purposes before-mentioned, and 
shall be paid o the nse^f said Board, monthly h> 
ncUance upon requisition by its Secretary. The Aud- 
?tor General shall, upon requisition from time to 
W of the Secretary of the Board of Game Commis- 
siSiers and the proper accounting for moneys a - 
feadv ad?Snced from the fund, draw 1^^^^ warrant up- 
reaa> amanct amount specified in 

Hnnod It the time such requisition is maile. 

Section 13. End. and every magistrate, Jni'ti^ «* 

act. ^'^,,^PJ'' ";. ' contin- where the defendant is 

d^te of such violation ; and any magistrate, justice 
of the peace, or alderman, in this Commonwealth, on 
complaint made before him, by affidavit by one or 
moro nersons of a violation of any of the provisions 
S this act bv any person, is hereby authorized and 
?qued to issue \is warrant, under hi«. l^^nd a^d 
seal directed to any constable, police officer, game 
protector, or anv officer of the Commonwealth whose 
dufv it is to protect game and wild birds of the Com- 
monwealth, and cause such person to be brought be- 
fr>vo liim such maristrate, justice or the peace, or 
aliermaT; who sS hear the evidence and determine 
lie guilt 'oT innocence of the person accused; and if 
such person be convicted of the ofiEense charged, he 
shall be sentenced to pay the full penalty Presented 
bv the section violated, together with the costs of 
pLsecution. All penalties thus recovered m cases 
where the prosecutor is a salaried of^^er of the Com 
monwealth, shall be immediately surrendered by the 
?onrt rece ving the same to the prosecutor, who in 
tu™ as soon as may be, shall forward or deliver such 
qmount in full to the Secretary of the Board of 
Se Commissioners at Harrsburg. Whore any offi- 



Vj-iiUXlLj iJiV »• O . 



cer of the Commonwealth, other than a salaried 
officer, is the prosecutor, the penalty shall _ be, as 
soon as the case is fully determined before him, for- 
warded by such magistrate, justice of the peace, or 
alderman to the Secretary of the Board of Game Com- 
missioners at Harrisburg. together with a statement 
of the cause for which such money shall have been 
collected, the cost of which statement is hereby fixed 
at fifty cents and made a part of the costs of prosecu- 
tion ; and it shall be the duty of said Secretary of the 
Board of Game Commissioners to at least once a 
month make return of money thus collected to the 
State Treasurer, to be applied to the pur- 
poses otherwise provided for in this act. Each 
and every defendant convicted on appeal be- Conviction 
fore any court of this Commonwealth shall be sen- oa appeal, 
fenced to pay the penalty imposed by the section vio- 
lated, or to undergo imprisonment in the common 
jail of the county for one day for each dollar of 
penalty imposed and unpaid ; Provided, That any Proviso, 
person charged with violating any provision of this 
act may sign an acknowledgment of the offense com- Acknowied- 
mitted, either before or after the beginning of suit, ment of 
and pay to any duly appointea and commissioned Game offense. 
Protector, Deputy or Special Deputy Game Protector, 
the penalty in full, as fixed by the act, together with 
the cost accruing to the State to that date; and the 
printed receipt therefor, which shall in every instance Receipt, 
bear the imprint of the Seal of the Board of Game 
Commissioners of Pennsylvania, and the signature of 
its Secretary, shall be evidence of full satisfaction of 
the offense committed: Provided further, That when Proviso, 
any person or persons are arrested for any violations 
of the provisions of any section of this act, the party 
or parties making said arrests shall immediately there- 
after take, or cause to be taken, the parties so ar- 
rested to the nearest justice of the peace, magistrate, 
or alderman, for hearing upon the charge upon which 
said person or persons were arrested. Repeal 

Section 14. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Aproved— The 17th day of April, A. D. 1913. 

JOHN K. TENER. 



hy 



GAME LAWS. 



Act June 0, 
1»18. P. L. 

«64. 



■"Irearm* . 



FrolilblUoii 
of the ase 
of upon 
lands of 
hospital, 
park or v*^ 
■ort. 

Marker of 
bomidarlei. 



1 f rorlgo . 

VlolatloiiB. 
Pwialty. 



SANITORIUM AND PARK PROTECTION 

An act to prohibit the use of firearms of any descrip- 
tion upon lands set apart to hospital, or sanitorinm, 
or park, or resort uses, whereon human beinei 
congregate in the open, in quest of health. recreSSS^ 
or pleasure in^ tb,s Commonwealth, and providing 
penalties for violation of its several provisions. 

Section 1. Be it enacted, &c., That, from and 
after the passage of this act, it shall be unlawful for 
any person within this Commonwealth, at any time 
of the year, to discbarge a shotgun or a rifle, or a 
firearm of any description, except in defense of per- 
son or property, or by the written consent of the 
owner or person controlling the same upon the grounds 
belonging to, or connected with and controlled by, 
those operating a public or private hospital or sana- 
torium, or park or resort, set apart to the use of 
the public either free or otherwise, and upon which 
auman beings congregate in the open, in quest of 
health, recreation, or pleasure,— such lands being 
surrounded by a marker, either a fence or single 
wire, or a marker of any description that will clearly 
designate the boundaries thereof, and a line of notice* 
printed upon cloth, or painted, and posted not t« 
exceed one hundred yards apart, along said marker, 
calling attention to the fact that the land within such 
enclosure has been set apart for a specific purpose 
(naming it), and that shooting upon such property 
is prohibited : Provided, That no privileges may be 
given by those owning or operating such lands to any 
person to hunt for or shoot at either animals or 
birds classed as game, in this Commonwealth, upon 
such property. Each and every person violating any 
provision of this act shall be guilty of a misdemeanor*: 
and upon conviction, shall be liable to a penalty of 
twenty-five dollars for the first offense, or, in lieu 
thereof, shall suffer an imprisonment in the common 
jail of the county of one day for each dollar of pen- 
alty imposed for the first offense, and for the second 
and each succeeding offense after the first offense, 
.shall, in addition to the penalty imposed for the first 
offense, undergo an imprisonment of one day in jail 
for each dollar of penalty imposed, no matter whether 
the penalty in cash be paid or not. 



GAME LAWS. 



tw 



Section 2. Each and every Statt policeman, local 
policeman, constable, game protector, or any other 
peace officer, in this Commonwealth, is herewith given 
authority to, and it is made his duty to, arrest with- 
out warrant any person caught in the act of violating 
any provision of this act, and to follow the usutd 
course of serving a warrant, arresting and prosecuting 
persons charged with misdemeanors in this Common- 
wealth in all cases where the information of such 
violation is by any other person brought to the atten- 
tion of the officer. 

All penalties collected for violation of any provision 
of this act shall be delivered to the county treasurer of 
the county in which the conviction is secured, to be 
used as other funds belonging to the county are used. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 6th day of June, A. D. 1913 

JOHN K. TENER. 



Officers ao- 
thorlxed to 
arrert wltli 
out warrani 
etc. 



Repealed 



COUNTY CLOSING LAW. 

An act to provide for the better protection and pre- 
servation of deer and elk, squirrels, and certain 
birds classed as game-birds, within the Common- 
wealth ; providing a method through which certain 
lands in the Commonwealth may be closed to hunt- 
ing for a term of years: and prescribing penalties 
for violation of its several provisions. 
Section 1. Be it enacted, &c.. That from and after 
the passage of this act, the Board of Game Commis- 
sioners of this Commonwealth shall have the power 
and authority to close, for a term of years, to the pur- 
pose of hunting elk, and deer, squirrels of all kinds, 
and wild turkey, and ruffed-grouse, and quail, com- 
monly called Virginia partridge, and ring-necked 
pheasant, and Hungarian quail, or either of them, as 
may appear necessary to the citizens of any county of 
this Commonwealth, for the purpose of adding to the 
protection of such animals and birds, or either of 
them, and assist in their increase in the county where- 
in such citizens may reside. 

Section 2. That whenever at least two hundred citi- 
zens of any county in this Commonwealth shall, 
through written petition, certify to the Board of Game 
Commissioners that, in their opinion, an absolutely 
closed season is necessary to insure the better pro- 



Act April 0. 
1915. P. L, 
7S. 



Conntiei 
glren tb* 
right to 
close to 
hunting for 
a term of 
years. 

Hlk, deer 
squirrels, 
and certain 
game— birds 



Protection (»i 



Petition 
asking th« 
right to 
close. 



40 



GAME LAWS 



Closure of 

county. 

Blanks. 



Publicity. 



Certified 
copies of 
notice. 



Hearing. 



Closed sea- 
Bon. 



tection and consequent increase of elk and deer, and 
squirrels of all kinds, and wild turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasant, and 
Hungarian quail, or either of them, in a wild state, in 
that county in which such citizens may reside, and 
asking that such county be closed to hunting for a 
period, the Board of Game Commissioners shall for- 
ward to said petitioners and others a blank form 
setting forth such questions as they may consider 
best suited to determine the quantity of game and 
game conditions in the county in question, and the 
necessity for closing said county to hunting ; which 
said forms, with replies to entitle such answer to 
consideration before said Board of Game Commis- 
sioners, shall be returned to said Board on or beofre 
the return day as fixed upon said forms. Such pe- 
titioners shall also publish, for at least three con- 
secutive weeks, at their own expense, in at least 
two prominent newspapers in the county to be closed, 
the statement that such petition has been filed, with 
its purpose, and the return day for information as. 
fixed by the Board of Game Commissioners ; and shall 
file with said Board duly certified copies of such no- 
tices, as published in each newspaper, on or before 
said return day. If the written answers as returned 
shall fail to satisfy said Board of Game Commis- 
sioners that such closed season is necessary, or those 
opposing such action shall demand a hearing before 
said Board, then a hearing shall be had, upon such 
date, and at such place within the county to be af- 
fected, as may be decided upon by the said Board of 
Game Commissioners, the expense of such hearing to 
be paid by those demanding the same. If, after the 
receipt of the written answers, or the public hearing, 
or both, the Board of Game Commissioners shall be 
satisfied such closed season is necessary to insure the 
better protection of elk and deer, squirrels of all 
kinds, and wild turkeys, and ruffed-grouse, and quail, 
and ring-necked pheasant, and Hungarian quail, 
found in a wild state, and their consequent increase, 
in said county, they are herewith empowered and di- 
rected to declare a closed season, not to exceed five 
years, for elk and deer, and wild turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasants, and 
Hungarian quail, or either of them, found in a wild 
state within said county. 



GAME LAWS. 41 

The Board of Game Commissioners, to make such PabiicatioE 
closed season effective and binding, shall be required "' decision 
to publish annually their decision and action regard- 
ing tliis matter, in at least three newspapers, if 
there be that many, in each county affected thereby, 
and to have notices of such ruling, declaring such 
county closed to hunting, printed and annually dis- 
tributed in reasonable numbers throughout the affected piBtribniif>e 
territory. of noticei'*'' 

Each and every person violating any of the pro- vioJitioj. 
visions of such ruling made by the Board of Game 
Commissioners, under the requirements of this act, 
shall be liable to a penalty of three hundred dollars PeniiiTi*>« 
for each elk, and two hundred dollars for each deer, 
and twenty-five dollars for each squirrel or bird, 
taken, killed, wounded, or attempted to be taken, 
killed, or wounded, upon said closed territory. 

Section 3. Each and every magistrate, justice of 
the peace, and alderman within this Commonwealth 
shall have the power of summary conviction in mat- Smnmar.' 
ters pertaining to violation of any of the provisions coiiTict!r>E 
of this act. All actions for violations of any of the 
provisions of this act, except where the defendant Actionn 
is taken in the act of violating the law, or in a pur- 
suit immediately following such violation, shall be 
commenced by affidavit made within two years after ^«i4*'it 
the date of such violation; and any magistrate, 
justice of the peace, or alderman in this Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby au- 
thorized and required to issue his warrant, under Wa"'»i'^ 
his hand and seal, directed to any constable, police 
officer, game protector, or any officer of the Com- 
monwealth whose duty it is to protect the game and 
wild birds of the Commonwealth, and cause such per- 
son to be brought before him, such magstrate, jus- 
tice of the peace, or alderman, who shall hear the Kwria« 
evidence and determine the guilt or innocence of the 
person accused; and if such person be convicted of 
the offense charged he shall be sentenced to pay the 
full penalty prescibed by the section violated, to- 
gether with the costs of prosecution. All penalties Penaitie. 
thus recovered, in cases where the prosecutor is a JJ«P«**"^^ 
salaried officer of the Commonwealth, shall be im- 



42 



GAME LAWS 



Statement. 



Separate 
fund. 



Appeals. 



Proviso. 



mediately surrendered by the court receiving the same 
to the prosecuter, who in turn, as soon as may be, 
shall forward or deliver such amount in full to the 
Secretary of theBoard of Game Commissioners at 
Harrisburg. Where any citizen of the Common- 
wealth,other than a salaried officer, is the prose- 
cutor, one-half of any penalty thus collected shall be 
paid to such prosecutor by the court receiving tlie 
same ; and the remaining one-half shall be, as soon as 
the case is fully determined before him, forwarded by 
such magistrate, justice of the peace, or alderman to 
the Secretary of the Board of Game Commissioners 
at Harrisburg, together with a statement of the cause 
for wliich such money shall hnve been collected, thr 
cost of which statement is hereby fixed at fifty cents 
and made a part of the costs of prosecution ; and it 
shall be tlie duty of said Secretary of the Board of 
Game Commissioners to, at least once a month, make 
return of moneys thus collected to the State Tr^^asure.' 
who shall keep the moneys thus collected as a fund 
separate and apart, solely for the purpose of wild bird 
and game protection, and for the purchase and propa- 
gation of game, under the supervision of the Board of 
Game Commissioners of the Commonwealth of Penn- 
sylvania, and for payment of bounties under the pro- 
visions of law. The several purposes to which the 
fund so received by the State Treasurer shall be ap- 
plied to be clearly designated by an act of the Legis- 
lature, either in the general appropriation act or by 
separate appropriation for the payment of bounties. 
Any prosecutor or defendant being dissatisfied with 
the finding of the magistrate, justice of the peace, 
or alderman, in a trial for Adolation of any provision 
of this act, shall be entitled to an appeal, under the 
provisions of section fourteen of article five of the 
Constitution, and the laws of Pennsylvania relating 
thereto ; which said court, on the conviction of the 
defendant of such offense, and his failure to pay the 
penalty in full imposed by this act, together with 
the costs of prosecution, shall commit such defendant 
to the common jail of the county for one day for 
each dollar of penalty imposed. Provided, That any 
person caught in the act, or charged with a violation 
of any provisions of this act, may at his discretion, 
either before or after the bringing of the suit, sign 



GAME LAWS 



43 



an ackuowledgiaent of the offense committed, and pay Acknowl- 
to any duly authorized Game Protector or Deputy edgment of 
Game Protector the penalty in full, as fixed by the ^^^^nse. 
section violated, together with costs, if any, to date ; 
and the receipt which he shall receive therefrom, and 
which in all instances shall bear the imprint of the 
seal of the Board of Game Commissioners and the sig- 
nature of its Secretary, shall be evidence of full 
satisfaction of the offense committed. 

Section 4. The act of the twenty-ninth of April, Repeal, 
one thousand nine hundred and thirteen (Pamphlet 
Laws, one hundred and twenty), entitled "An act to Act of 
provide protection and preservation of elk and deer ; April 29, 
providing a method through which certain lands in ^913. 
the Commonwealth may be closed to hunting for a 
term of years, and prescribing penalties for violation 
of its several provisions," is hereby repealed : Pro- 
vided, however, That any counties which have already 
been closed for a term of years, under the provisions 
of said act, may remain closed under the provisions of 
this act for the term for which they have already 
been closed, without .taking any further action there- 
for; and all other laws, or parts of laws, inconsistent 
with the provisions of this act, are hereby repealed. 

ApDroved — The 9th day of April, A. D. 1915. 
MARTIN G. BRUMBAUGH. 



GAME PRESERVE LAW. 
An act providing for the establishment, regulation, 
and maintenance by the Board of Game Commis- 
sioners of State Game Preserves on the Forestry 
Reservations and elsewhere, and providing pen- 
alties for violation of this act. 

Section 1. Be it enacted, &c.. That the word 
"game," as used in this act, shall include wild ani- 
mals and wild fowl of every kind protected by the 
laws of Pennsylvania. 

Section 2. The Board of Game Commissioners may 
establish and maintain State Game Preserves, for the 
Game Preserves may be located on the State forests, 
or may be upon land leased by the Board of Game 
Commissioners for that purpose. 

Section 3. If a State Game Preserve is located on a 
State Forest, the consent of the Department of For- 
estry must be obtained therefor. 



Act April 
16, 1915, P. 
L. 135. 



Game pre- 
serves. 

"Game"(le- 
fined. 

Game pre- 
servesi. 



Location. 
Consent of 
Department 
of Forestry. 



44 



R«KT]latlons. 



Flre-llne. 
»tc. 



Notlcet 

Dimensions. 
Area. 



Right of 
entry. 

Close Reason. 



IJnlawlnl 
hnntng. 



Rlglil of 
entry. 



Oppn season. 
OonTlctlons. 

■vDunaTT 



GAME LAWS. 

Section 4. The State Game Preserve sbaU be at alJ 
times subject to -F^^tions established by ^^^^^^^ 
of Game Commissioners, under its agreemeni witu 
the DeDurtmcnt of Forestry. Qfofp 

Section 5. Each State Game Preserve upon a State 
forest shall be surrounded by well defined fire-lme 
or dear strip of land, and by at least one wire at 

'' sSonT 'oT^he boundary of each State Game 
»^^ff^oS?n- 

"^ieft ion 8 Tf tSritlle Game Preserve is on a State 
Forest it must not exceed in area ^^e-lialf of the 
To?" area of the forest on which it is located 

Section 9 Any citizen may go upon a Statt Game 
Preserved without fire-arms, at any t^^e ^"^ring what 

s ^°^-kf all^^mrp!>s^l^co^^pH 

^i^inJ^oHL ?Sve official duties aii^^^^^^ any 

T;;^r(af/4Tomrr%ri^^^^^^^ 

ment of Forestry may ^^o^X" and ^S an^y membS 
serve located on a State forest 'g'^^^'^^^^^issioners 

^m^afg^oTpt V/ ^'jIt?^G^Ime^V^eserve wherever lo- 

^^^;^ction.lO. Except as permitted ^Lror^^n'o? 
State, it is unlawful to l^""^,/^^,f:.i, ^rkill or wound 
rr"Xfvra'nria-n°e ^^\^e^ ol l State Gao,. 
^'i^'^'^rr.^; 11 Excent as otherwise permitted in this 

within th. limit, of a State Game 1 "^^f/^f^Vegerve; or, 
a dog of any kind upon 'jf^'^f^^'" Pennsylvania, 
tZ^X r "stir Game' SU either witl. or 

''srotion*''l2"™Jurisdiction for summary convictton 
£;"'i;S;^iAfve"n' rara=n^'^^^^^^^^ 

and iustices of the peace. m k^ 

Anv P-rson who shall be convicted summarily, by 

any alderman, magistrate, or justice of tbe peace of 



GAME LAWS. 



4fi 



/ 



^ihk«U\^V.: SXrr rae.naaot ..an 

tempted to kin or ^»"'"Ja » j^'a™? C killed or 
one hundred dollars. If ™« tin or wound, a bear, 
wounded, or ««'^"Pf "^ Xrs IJ thrdrfendant h^ 

f4ror*fo\^ed"VS^^^^^^^ 

default of payment of t»'%fi°%v*?''.^tf "f one day for 
sentenced to imprieonment at the rate oi one 

each dollar of the fi?« "J**^^'**- eal to the court of 
,uSlrCsTonr«Ton'X^U?of a iudge U^ereof. 

"Vectiontr « the prosecutor is a paid Game Pro- 
f.^tnr the fine shall be paid to the prosecutor, who 
r»S'fo™ard it to a.e Secretary of ^je Game^om- 

Srr u^of^b^ &e'Voai?s!on^1'h?rSStJr 

3be1;tor«o?^bXrre V^^^'^ ?£f 
prosecutor, and shaU be paid to. him by the alder- 
mar magistrat«, or justice receiving the same. The 
^em^Snrhalf of the fine shall be forwarded within 
Jen ^Ss to the Secretary of the Game Commissioij, 
who shall deposit it into the State Treasury. 

Section 15. Any person charged with the violation 
of anv of the provisions of this act may, in his dis- 
cretion, sign an acknowledgment of the offense ^m- 
mtmd ^nd pay to the duly authorized Game Pro- 
Sr tff Depu^ Game Protector the proper fine in 



Fines. 



Addltloiii 
Fines. 



Resisting 
arrest, etc. 



Appeal* 



Payment of 
fines. 



Acknowledg 
ment of 
offense. 



46 



GAME LAWS. 



Payment. 



Receipt. 



Arrest with- 
out Tvar- 
ran+. 



Seizures 



, Disposition 
of seiziire. 

Forfeiture of 
game. 



Boats, guns, 
dogs, etc. 
Sale. 
AilTCrtising. 



Disposition 
of funds 



When owner 
escapes ar- 
rest. 



full, with costs to date. Ho shall receive for money 
so paid a printed receipt, wliich shall in all instances 
bear the seaJ of the Board of Game Commissioners 
and the signature of the Secretary of the Board. 
This receipt shall be evidence of a full satisfaction of 
the offense so committed. 

Section 16. Any person whose duty it is to protect 
the game of the Commonwealth, or any officer whose 
duty it is to preserve the peace of the Commonwealth, 
in the act of violating any provisions of this act, or 
in pursuit immediately following such violation ; and 
may seize all guns, shooting paraphernalia ; dogs, 
boats, decoys, or other appliances used in violation 
of any provision of this act ; and may seize all game 
found either in possession or under control of the 
suspected person within tins CommonwtHilth. All 
birds and animals, or parts thereof, not classed as 
game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners. All guns, boats, decoys, dogs, game, 
and shooting paraphernalia, seized when such arrest 
is made, shall be held subject to the determination 
of the proceedings instituted. Where the party ac- 
cused is convicted, all game seized, shall be forfeited 
to the Commonwealth, and as soon as may be shall 
be foi-Avarded to the most convenient hospital, or to 
a hospital designated by the Secretary of the Game 
Commission, for the use of the sick or injured there- 
in. Unless the fine and costs are paid, all such 
seized guns, boats, decoys, dogs and shooting para- 
phernalia shall be sold at public auction, after ad- 
vertising the same for five days, by at least five pub- 
lic handbills conspicuously posted in the city, borough, 
or township wherein the conviction was secured. 
The sale shall be held by or under the authority of 
the proper alderman, magistrate, or justice. The 
cost of such advertising shall be part of the costs 
of prosecution, and shall be collected as such. ^Any 
fund thus arising shall be applied first to the payment 
of tlie costs of prosecution, then to the payment of the 
fine imposed. The remainder, if any, shall be re- 
turned to the owner of the property seized. Where 
game, dogs, boats, decoys, or shooting paraphernalia 
of any description shall be seized, and the owner 
thereof escapes arrest, and refuses to present himself 
and make claim to the property, all such game, after 
the lapse of three days after the seizure, shall be 



GAME LAWS. 47 

forfeited to the Commonwealth, a-1 f""" ^.X'. ^°^^"""- 

1-0 the most conveuicnt hospital, for the purpose oe 

Src incHcatcd in this section. All guns, dogs, boats 

decovs and other shooting paraphernalia thus seized 

shall be held for a period of ten days; after which 

tme if the owner thereof fail to appear and defend 

Self against the charges made, such property shall 

be fold in the manner prescribed for the sale of seized sale. 

property after Conviction. The fund aris ng from such 

sJle shall be applied as in the case of tjie sale after 

conviction. The fact that imprisonment is suffered 

bv any person convicted of violating any provisions 

of tMs act «hall not prevent the sale of guns dogs 

bo4s decovs or other shooting paraphernalia of 

aS;'^lescripSn, held as the property of t- jmpris- 

oned nartv. and the application of the tuncl tnus 

realized to' the payment of the costs and the fine im- 

posed. 

SecHon 17. All fines collected for violation of any 
of the provisions of this act shall be paid to the 
St-ite Treasurer, as hereinbefore designated, who shall 
S^^lirmoneys tl.. ^ ^'Z Separate 

£U^m"?sVo^f;r'ThT 

S ST be applied shall be clearly designated by 

act of Assembly. 

Section 18. The following acts are hereby totally ^^^^^^ 

repealed : — 

1 The act approved the eleventh day of May, one May li. 
thousand nine hundred and five. * * '^ i^*^^- 

«> The act approved the fifteenth day of April, April 15, 
one 'thousand nine hundred seven. * * * • 1907. 

3 The act approved the fifteenth day of June, one J^e 15, 
thousand nine hundred eleven. =^ =^ * 

Approved— The 16th day of April, A. D. 1915. ' 
MARTIN G. BRUMBAUGH. 



48 



GAME LAWS 



Act April 
21, 1915, P- 
It. 166, as 
imended bj 
the Act of 
May 29th, 
1917, P. L. 
309. 

Duty ol For- 
Miters, TeTMt 
Bangeri, 
Game Pro- 
cectora and 
FtBh War- 
4«iia. 



^'rus«icntloas 



fowera of ol 
flceri extead 
*d. 



tu their de- 
{Mirtmeut. 



EXTENDING DUTIES OF OFFICERS. 

An act extending the powers and duties of Foresters. 
Forest Rangers, Game Protectors, Deputy Game 
Protectors, Special Deputy Game Protectors, Fish- 
Wardens and Deputy Fish Wardens of this Com- 
monwealth. 

Section 1. As amended by the act of May 29th, 
1917, P. L. 309. 

Section 1. Be it enacted, &c., That from and after 
the approval of this act, it shall be the duty of each 
Forester and Forest Ranger in this Commonwealth to 
enforce all the laws relating to fish, game and for- 
game ; it shall be the duty of every Game Protector, 
Deputy Game Protector, or Special Deputy Gam* 
Protector, commissioned in this Commonwealth, to 
enforce all the law relating to fish, game and for- 
estry ; it shall be the duty of every Fish-Warden or 
Deputy Fish-Warden, conynissioned in this Common- 
wealth, to enforce all the laws relating to game, fish, 
and forestry, under the direction of that department 
or commission into whose special care the interests 
of these several subjects have been entrusted, namely : 
A.11 prosecutions for violation of laws relating to for- 
estry shall be brought under the direction of the 
Department of Forestry ; all prosecutions for violation 
of the fish laws shall be brought under the direction 
of the Department of Fisheries ; and all prosecutions 
for violation of the game laws shall be brought under 
the direction of the Board of Game Commissioners ; 
and, to that end, the powers of aU the officers afore- 
said are hereby extended in such a way as to give 
them full authority to carry out the purposes of this 
act. It shall be the further duty of every such For- 
ester, Forest Ranger, Game i*rotector, Deputy Gam» 
Protector, Special IDeputy Game Protector, Msh 
Warden, and Deputy Fish Warden, whenever such 
official may have knowledge of the violation of any 
of the 'aforesaid laws, forthwith to make a full an<i 
complete report thereof to that department under 
which such official may be commissioned ; which de- 
partment, in case said law relates to a subject whose 
special care is entrusted to another department, shall 
at once forward such report to the appropriate de- 
partment charged with the enforcement of said law. 
Every person connected with either the Departmeni 
of Forestry, or with the Department of Fisheries, or 
with the Game Commission, and under pay of the 



GAME LAWS. 

Ctommcnwealth, who shall refuse or neglect to safe- 
guard, iu a reasonable way, the interests of the Oom- 
monweulth relating to either forestry,^ or fif - "^/^P^J 
and wild birds, as provided for and intended by tins 
act, or who, without prejudice to the work of that 
depaitment 'to which he may speciaUy belong shaU 
refuse or neglect to investigate to a reasonable con- 
dusfon any violation of the laws of this Common- 
wellX relating to either of the other departments 
named in this act that may be reported to him, or 
who may refuse or neglect to make the reports re- 
Tuired^by this act, shall be guilty of a misdemeanor 
aXfoi the first offense shall be liable to penalty of 
?Spnfv five dollars, or in lieu thereof to an imprison- 
S of one day for each dollar of penalty imposed, 
fmf for the second offense to double the penalty im- 
posed for Sil tot offense, and for the thn^ offense 
fihnll be discharged from the service of the btate , ana 
fr shall be tiie duty of the heads of the several.de- 
iirtments mentioaed in this act to notify the various 
'empSyes o?^the State Government that may be under 
S control and that are under the pay of the State, 
of the requirements' of this act. _ . ^ >. 

Section 2. All acts or parts of acts inconsistent 
with this act, in so far as they relate to tlie various 
Bubiects and conditions considered by this act, ana 
specificaUy changed by its provisions, are hereby re- 
pealed. -iniK 

Approved— The 21st day of April, A. D. 1J15. 
MAP.TIN G. BRUMBAUGH. 

CLOSING BY THE GOVERNOR. 

An Act authorizing the Governor of the Common- 
wealth of Pennsylvania, through proclamation, to 
close any county or counties, or any section ot any 
county of Pennsylvania, to hunting or fishing, or to 
close any stream' or parts of streams to tislimg, 
when such action is necessary to conserve either 
the health or welfare of our people or our natural 

resources. . — r— 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, the Governor of 1 cnnsyl- 
vania shaU have authority, through proclamation, to 



i8 



Neglect ot 
duty. 



Mlsdemejinoi 
Penalty. 



Employes U 
be notified. 



Repeal 



Act May 
14th, 1916, 
P. L. 530. 



ExecutlTe 
Department. 
Proclama- 
tion. 



50 



GAME LAWS. 



Closure of 
county or 
counties, or 
part thereof 
to hunting 
or fishing, 
etc. 

Closure of 
streams to 
fishing. 
Violations. 

Penalty. 



Repeal. 



close, for a period not to exceed one season at one 
time, any county or counties, or any section of any 
county, of this Commonwealth, to either hunting or 
fishing, or to close any stream or part of streams to 
fishing, because of excessive drouth and consequent 
danger from forest fires, low water, and the presence 
of contagious or infectious diseases, when such action 
may be necessary to conserve either the health or 
welfare of our people or our natural resources. 

Section 2. Each and every person wilfully violating 
any provisions of such proclamation shall bo guilty of 
a misdemeanor, and upon conviction shall be liable to 
a penalty of not less than twenty-five dollars or more 
than one hundred dollars, or to imprisonment for not 
more than one year, both or either, as in the opinion 
of the court hearing the case may appear necessary. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 14th day of May, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Act June 
1, 1915. 
P. L. 644. 



Wild birds 
and animals 
and game. 
Hunting for 
etc . by 
unatural- 
ized foreign 
born resi- 
dents . 

Possession oJ 
owning of 
dog prohibit- 
ed . 

Violation. 
Penalty. 



ALIEN DOG LAW. 
An Act to give additional protection to wild birds and 
animals and game within the Commonwealth of 
Pennsylvania ; prohibiting the hunting for, or cap- 
ture or killing, of such wild birds or animals or 
game by unnaturalized foreign-born residents ; for- 
bidding the ownership or possession of dogs by any 
unnaturalized foreign-born resident within the Com- 
monwealth ; and prescribiing penalties for violation 
of its provisions. 

Section 1. Be it enacted, &c., That it shall be un- 
lawful for any unnaturalized foreign-born resident 
to hunt for, or capture or kill, in this Common- 
wealth, any wild bird or animal, cither game or other- 
wise, of any description, excepting in defense of per- 
son or property; and to that end , it shall be un- 
lawful for any unnaturalized foreign-born resident, 
within this Commonwealth to either own or be po- 
ssessed of a dog of any kind. Each person violating 
any provisiion of this section shall, upon conviction 
thereof, be sentenced to pay a fine of twenty-five doll- 
ars for each offense, or undergo imprisonment in the 
common jail of the county for the period of one day 
for each dollar of fine and cost. In addition to the 



GAME LAWS, 



51 



before-nametl fine, all dogs of the before-mentioned 
kinds found in possession or under control of an un- 
naturalized foreign-born resident, shall, upon con- 
viction of such person, or upon his signing a declara- 
tion of guilt as prescribed by this act, be declared for- 
feited to the Commonwealth of Pennsylvania ; and 
shall be either killed in a humane manner and dis- 
posed of by the officer making the complaint, at the 
cost of the owner, or shall be turned over to the near- 
est agent of the society for the prevention of cruelty 
to animals, to be put to death in a humane manner* 

Section 2. For the purposes of this act, any unna- 
turalized foreign-born person who shall reside or live 
within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be consid- 
ered a resident, and shall be liable to the penalties im- 
posed for violation of the provisions of this act. 

Section 3. The possession of a dog at any place 
outside of buildings, w^ithin this Commonwealth, by 
an unnaturalized foreign-born resident, shall be con- 
clusive proof of a violation of the provisions of sec- 
tion one of this act, and shall render any person con- 
victed thereof liable to the fine as fixed by said sec- 
tion. 

Section 4. The presence of a dog in a room or house 
or building or tent or camp, of any description, within 
this Commonwealth, occupied or controlled by an un- 
naturalized foreign-born resident, shall be prima facie 
evidence that such dog is owned or controlled by the 
person occupying or controlling the property in which 
such dog is found, and shall render such person liable 
to the fine imposed by section one of this act. 

Section 5. Notice of the seizure of all dogs made 
for violation of any provisions of section one of tiiis 
act shall be sent to the Board of Game Commissioners, 
at Harrisbrug, by the officer making such seizure, im- 
mediately after the final verdict in any prosecution 
brought for violation of said provisions, or upon the 
signing of the acknowledgement of guilt as hereinafter 
provided ; and the dog so seized shall be either killed 
in a humane manner and disposed of by the officer 
making the complaint, at the cost of the owner, or 
shall be turned over to the nearest agent of the society 
for the prevention of cruelty to animals, to be put to 
death in a humane manner. 



Forfeiture 
of dogs. 



Resident. 

Possession 
of a dog 
outside 
buildings • 

Violation . 
Fine . 



Presence of 
dog in 
room, house, 
tent, camp, 
etc. 

Violation . 



Fine. 

Seizure 
of dogs. 



62 



GAME LAWS. 



iLxr««ti. 



■onday ar* 



P«w«r of 
gaaxMMTj 

OOATlOtlom. 



Warranta. 



Hearlnf. 
ientecca. 



OlapoBltlon 
of flnea. 



Section 6. All duly appointed and sworn officers 
of the Board of Game CoDunissioners of this Common- 
wealth, and all constables, police officers, members of 
the State Constabulary, forestry-wardens, fish-war- 
dens, and all peace officers of the Commonwealth, 
shall arrest, without warrant, any person whom they 
have good reasons to suspect as belonging to die daws 
of unnaturalized foreign-bom residents, when they find 
such person with dogs in their possession within the 
Commonwealth of Pennsylvania. Such arrests may 
also be made upon Sunday, in which case the person 
or persons, so arrested, for safe-keeping may be com- 
mitted to the jail or lock-up for that day, but shall be 
taken before the proper magistrate and proceeded 
against on a week-day following the arrest. 

Section 7. Each magistrate, alderman, and justice 
of the peace within this Commonwealth shall have the 
power of summary conviction pertaining to the viola- 
tion of any of the provisions of this act. All action« 
for violation of any of the provisions hereinbefore- 
mentioned, excepting where the defendant is taken in 
the act, or in a pursuit immediately following the 
act, shall be commenced within one year of the time 
of such violation. Each magistrate, alderman, find 
justice of the peace, on complaint made before him* 
on affidavit of any person, of a violation of the pro- 
visions of this act by any person, shall issue his war- 
rant, under his hand and official seal, directed to any 
constable, police officer, game protector, fish warden, 
or any other officer of the State known as a police 
officer and authorized to serve warrants, and cause 
such person to be brought before such magistrate, 
alderman, or justice of the peace, who shall hear the 
evidence and determine the guilt or innocence of the 
party charged. If the accused be convicted of such 
offence, he shall be sentenced to pay the fine pre- 
earibed by the section violated, and pay all costs «f 
prosecution. All fines collected in cases where tlM 
projiecutor is a paid officer of the Commonwealth 
shall be immediately Burrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the Secretary of the Board of Game 
Commissioners, who shall at once deposit the same 
in the State Treasury, where it shall be kept separate 
and apart as a part of a fund to be Bsed solely for 



GAME LAWS. 



U 



the protection and propagation of game under the 
direction of the Board of Game Commissioners. 
Where any other than a paid officer of the Common- 
wealth is the prosecutor, * * * Under the provi- 
sions of the act of June 7, 1919, P. L. 423, the entire 
penalty ♦ * ♦ shall be forthwith 

forwarded to the Secretary of the Game Commission 
at Harrisburgjtogether with a statement of the cause 
for which said money shall have been collected. The 
cost of which statement is hereby fixed as fifty cents, 
and made a part of the costs of prosecution. It 
shall be the duty of the Board of Game Commijssioners 
to keep a record of the cases for which said money 
was collected, and to deliver the fund thus arising, 
at least once a month, to the State Treasurer, who 
shall keep it separate and apart as a part ef a fond 
to be used solely for the protection and propasration 
of game under the direction of the Board of Game 
Commissioners. Any defendant refusing to pay such 
fine, with the costs of prosecution, shall be com- 
mitted to the common jail of the county, for a period 
of one day for eack dollar of fine imposed, unless lie 
shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such fine within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace, county in which the offence was com- 
mitted. Such court, upon conviction of the defendant 
of such offense, on his failure to pay the fine imposed 
together with the costs of prosecution, shall commit 
such defendant to the common jail of the county, for 
a period of one day for each dollar of fine and costs. 
Any person charged with violation of any of the pro- 
visions of this act, may, at his discretion, sign an 
acknowledgement of the offense committed, and pay 
any duly sworn Game Protector the fine in full, aa 
fixed by the section violated, with costs to that date. 
The printed receipt therefore, which shall in every 
instance bear the seal of the Board of Game Com- 
missioners and the signature of its Secretary, shall be 
evidence of full satisfaction for the offense committed. 

Approved — The 1st day of June, A. D. 1915. 
MARTIN G. BRUMBAUGH. 



ItatttOMnt. 



Eecor<. 



Retoiai to 
pay. 



OenmutBiwRt . 



Acknowledg- 
ment of of- 
fense. 

Payment . 



Receipt . 



54 



GAME LAWS. 



Act May 3, 
1917, P. L. 
151. 



Game Com- 
mission . 



Non-resident 
hunters . 



Application 
for license. 



Fee. 

Non-Resident 
Hunter's Li- 
cense . 

Tag. 



County treas- 
urer's com 
mission. 



Disposition 
of fees. 

Statement . 



NON-RESIDENT HUNTER'S LICENSE LAW. 

An Act For the better protection of wild animals 
and birds and game within this Commonwealth ; re- 
quiring non-residents to procure a license before 
hunting in this Commonwealth ; providing penalties 
for violation of any of its several provisions ; and 
prescribing the disposition of license fees and pen- 
alties received. 

Section 1. Be it enacted, &c. , That from and after 
the passage of this act, it shall be unlawful for any 
person residing outside of this .Commonwealth to hunt 
for wild birds or wild animals ivi any kind found in 
the fields, dn the forests, or on the waters of this 
Commonwealth, with firearms, or with a device of any 
kind propelling with force a leaden or metal pellet 
or bullet, or through the use of traps, or, except in 
the defense of person or property, to shoot at or kill 
or pursue with intent to take, kill, or wound, any 
such wild birds or wild animals, thus found within 
this Commonweal til, without first securing a license 
to so do in accordance witli the provisions of this act. 
Section 2. Every non-resident of this Common- 
wealth, except as othei'wise provided by the laws of 
this Commonwealth, — such person being a citizen of 
the United States — upon application made verbally or 
in writing to any county treasurer, or to the Secre- 
tary of the Game Commission at Harrisburg, and tlie 
presentation of proof that he is a citizen of the United 
States, and the payment of ten dollars to said county 
treasurer or Secretary of the Game Commission, shall 
be entitled to what is herein designated as a "Non- 
Resident Hunter's License," and tag with the num- 
ber of the license thereon, and said license and tag 
shall not be transferable. 

For ser\dces rendered in issuing such license and 
tag, each county treasurer shall be entitled to retaiq 
five per centum of all license fees received : and shall^ 
at least once a month, forward to the State Treasury, 
for purposes hereinafter designated, all balances from 
such fees in his hands ; and shall, at the end of each 
week, forward to the Secretary of the Board of Game 
Commissioners at Harrisburg a statement, upon ^ a 
form provided for such purpose by the Game Commis- 
sion, giving the names of tlie parties receiving non- 
resident licenses during that week, together with 
their places of residence, their ages as stated in the 



GAME. LAWS 



55 



licenses, and the number of such licenses issued to 
them. 

Section 3. Said license shall be issued on a form 
prepared and supplied by the Board of Game Commis- 
sioners at the cost of the Commonwealth, and shall 
bear a description of the person applying for the same 
with the date of its issue, and shall authorize the 
person named therein to use legal firearms or traps 
for the purpose of hunting any of the wild animals 
or birds, eitlier game or otherwise, of this Common- 
wealth, under the restrictions and requirements of 
existing laws, during that year, the date of which is 
inscribed thereon. Said certificate shall become void 
upon the thirty-first day of December next following 
the date of issue. The Game Commission shall also 
furnish free of charge, and the county treasurer shall 
issue, with each license, a tag bearing the license 
number, in figures at least one inch in height, which 
tag such licensee shall, at all times while either hunt- 
ing or going to or coming from such hunt, have at- 
tached to his outer garment, either at the back or the 
sleeve, between the shoulder and the elbow, or on his 
back, where the figures thereon can be readily seen. 
Section 4. Possession of a gun, or the setting or 
control of a trap of any kind, in the fields or in the 
forests or on the waters or on the highways of this 
Commonwealth, by non-residents of this Comrnon- 
wealth, without having secured the license required 
by this act, duly issued in his or her name, shall be 
prima facie evidence of a violation of its provisions 
and shall render such person liable to display his 
license-tag, as aforesaid, and to show his non-resident 
hunter's license to any officer of this Commonwealth 
whose duty it is to protect the game and wild birds 
of the Commonwealth ; or, upon demand by the owner 
or the lessee, or by the employe or representatives of 
such owner or lessee, upon whose lands such person 

may be found in this Commonwealth ; . and for failure 
to display the license tag as provided for by this act, 
or for refusing or neglecting to comply with such re- 
quest, such person neglecting or refusing to display his 
license tag, as aforesaid, and exhibit his non-resident 
hunters' license, or in any manner violating any pro- 
vision of this section, shall be liable to the penalties 
imposed by this act for huntng without a license. 



Form of li- 
cense . 

Authority. 



Term of li- 
cense . 



Tag's . 



Display of 
tags . 



Evidence of 
violaticta. 



Display of 
tag. 

Exhibition of 
Mcence. 



Refusal or 
neglect. 



renalty. 



56 



GAME LAWS. 



Jurisdiction 
for summary 
roTiviction. 



f'onTlctlong. 



Penaltleg. 



Fine. 



Additional 
penalties. 

Kllr 



I)p«>r 



Bear. 



Otme-blrd, 



Beslstlng ar- 
'•eet, etc. 



Uffault in 
pajTnent of 
flnes. 

Appeals. 



Section 3. Jv.risdiction for summary conviction for 
violation of any of the provisions of this act is hereby 
specifically given to all alderman, magistrates, and 
justices of the peace. 

Any person who shall be convicted summarily by 
any alderman, mxi,2:istrate, or justice of the peace of 
the county, of a violation of any of the provisions of 
this act, shall be sentenced to pay a penalty as fol- 
lows : — 

If the defendant has violated any of the provision! 
of tliis act, hut has not killed or captured any gamf 
or wild animal, nor resisted arrest, nor refused to go 
with the arresting officer, nor interfered with the ar- 
resting officer, the fine shall be twenty-five dollars for 
each offence, and each day he may have so hunted 
contrary to the provisions of this act shall bo con- 
sidered a separate offense. 

In addition to the foregoing fine, the defendant shall 
pay a penalty as follows : — 

If the defendant has killed or wounded an elk, tb« 
penalty shall be two hundred dollars, with six months' 
imprisonment. If he has shot at an elk, but has not 
wounded or injured same, the fine shall be one hun- 
dred dollars. 

If the defendant has killed or wounded, or attempted 
to kill or wound, a deer, the fine shall be one hundred 
dollars. 

If the defendant has killed or wounded, or attemped 

to kill or wound, a bear, the fine shall be fifty dollars. 

If the defendant has killed or wounded, or attempted 

to kill or wound, a game bird, of any kind, the fin** 

shall be twenty-five dollars. 

If the defendant has resisted arrest for violation of 
the pro^^sions of this act, or has refused to go with 
the officer making the arrest, or has in any manner 
interfered with the arresting officer, the fine shall bf 
one hundred dollars. 

In default of paym.ent of the fine the defendant shall 
be sentenced to imprisonment at the rate of one day 
for each dollar of the fine, and costs. 

Either the prosecutor or defendant, being dissatis 
fied with the finding of the magistrate, justice of the 
peace, or alderman, in a trial for a violation of any 
provision of this act, shall be entitled to an appeal 
under the provisions of section fourteen of article fivf 
of the Constitution, and of the laws of Pennsylvanin 
relating thereto. 



GAME LAWS, 



67 



Section 6. If tlie prosecutor is a pafld game pro- 
tector, the fine shall be paid to the prosecutor, who 
shall forward it to the Secretary of the Game Com- 
mission, who shall pay it into the State Treasury, for 
the use of the Game Commission as hereinafter pro- 
vided. 

Section 7. If the prosecutor is other than a paid 
Game Protector, one-half of the fine shall go to the 
prosecutor, and shall be paid to him by the alderman, 
magistrate, or justice receiving the same. The re- 
maining half of the fine shall be forwarded, by said 
alderman, magistrate, or justice of the peace, within 
ten days, to the Secretary of the Game Commission, 
who shall deposit it into the State Treasury, for pur- 
poses hereinafter designated. 

Section 8. Any person charged with the violation 
of any of the provisions of this act, may in his dis- 
cretion, sign an acknowledgement of the offense com- 
mitted, and pay to the duly authorized Game Pro- 
tector or Deputy Game Protector, the proper fine in 
full, with costs to date. He shall receive for money 
so paid a printed receipt, which shall in all instances 
bear the seal of the Board of Game Commissioners, 
and the signature of the Secretary of the Board. This 
receipt shall be evidence of a full satisfaction of the 
offense so committed. 

Section 9. Any person whose duty is to protect 
the game of the Commonwealth or any officer whose 
duty it is to preserve the peace of the Commonwealth, 
may arrest, without warrant, any person caught in 
the act of violating any provisions of this act, or in 
pursuit immediately following such vjiolation ; and 
* may seize all guns, shooting paraphernalia, traps, 
dogs, boats, decoys, or other appliances used in viola- 
tion of any provision of this act; and may seize all 
birds or animals, game or othei^wise, found either in 
possession or under control of the suspected person 
within this Commonwealth. All guns, traps, boats, 
decoys, dogs, game, and shooting paraphernalia seized 
when such arrest is made, shall be held subject to the 
determination of the proceedings instituted. Where 
the party accused is convicted, all game seized shall 
be forfeited to the Commonwealth ; and as soon as 
may be shall be forwarded to the most convenient 
hospital, or to a hospital designated by the Secretary 
of the Game Commission, for the use of the siick or 
injured therein. 



Disi>os!tiou 

of fines. 



Disposition 
of fines. 



Acknowleds 
nient of 
offense . 



Receipt. 



Arrests. 



Seizures. 



Disposition 

of guns, 
traps, etc. 



Game. 



68 



GAME LAWS. 



■al* at aoc- 

tlMl. 



OlaiKMltlOD 

•f fond. 



^erfelturea. 



■•I* 



[ft CAM Of 

lHprl«oa- 
■•nt. 



Disposition 
•f feei and 

dllM. 



AU birds and animals, or parts thereof, not classed 
as game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners. 

Unless the fine and costs are paid, all such seized 
guns, traps, boats, decoys, dogs, and shooting para- 
phernalia shall be sold at public auction, after adver- 
tising the same for five days by at least five public 
handbills conspicuously posted in the city, borough, or 
township wherein the conviction was secured. The 
sale shall be held by and under the authority of the 
Game Commission. The cost of such advertising shall 
be part of the costs of prosecution, and shall be col- 
lected as such. Any fund thus arising shall be ap- 
plied, — first, to the payment of the costs of prosecu- 
tion ; then, to the payment of the fine imposed. The 
remainder, if any, shall be returned to the owner of 
the property seized. 

Where guns, traps, game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be 
seized, and the owner thereof escapes arrest, and re- 
fuses to present himself and make claim to the prop- 
erty, all such game, after the lapse of three days after 
the seizure, shall be forfeited to the Commonweath, 
and shan be sent to the most convenient hospital, for 
tlie purpose before indicated in this section. All guns 
traps, dogs, boats decoys, and other shooting para- 
phernalia thus seized shall be held for a period of 
ten days ;* after which time, if the ower thereof fails 
to appear and defend himself against the chargea 
made, such property shall be sold in the manner pre- 
scribed for the snle of seized property, after convic- 
tion. The fund arising from such sale shall be applied 
as in the case of the sale after conviction. 

The fact that imprisonment is suffered by any per- 
son convicted of violating any provisions of this act 
shall not prevent the sale of guns, dogs, boats, decoys, 
or other shooting paraphernalia of any description, 
held as the property of the imprisoned party, an;! the 
application of the fund thus realized to the payment 
of the costs and the fine imposed. 

Section 10. All license fees, and all fines collected 
for vioation of any of the provisions of this act, shall 
be paid to the State Treasurer, as hereinbefore desig- 
nated, who shall keep the moneys thus collected as a 
fund separate and apart, solely for the purpose of wild 



GAME LAWS. 



&V 



Act 01 April 
24, 1908 (P. 
I«. 178), 



bird and game protection, and for the purchase and 
propagation of game, under the supervision of the 
Board of Game Commissioners. The several purposes 
to which the fund shall be applied shall be clearly 
designated by act of Assemby. 

Section 11. An act, entitled "An act requiring non- 
resident hunters, and unnaturalized, foreign-born resi- 
lient hunters, to procure a license before hunting in 
this Commonwealth, and providing penalties for* vio- ^^^ *m' 
lation of its provisions, and repealing an act approved 'V*'* 
the twenty-fourth day of April, one thousand nine 
hundred and one," approved the fourteenth day of 
April, one thousand nine hundred and three (Pamph- 
let Laws,one hundred seventy-eight), is hereby re- bcdwu 
pealed. ^^ 

Approved— The 3d day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



GENERAL GAME LAW. 
An act to provide for the protection and preservation 
of game, game-quadrupeds, and game-birds, and 
eong and insectivorous and other wild birds, and 
prescribing penalties for violation of its several pro- 
visions. 

Section 1. Be it enacted, &c., That whenever in 
this act the word person is used, such word shall be 
taken to include every person, partnership, institution, 
association, or corporation, or the agent or agents or 
employe thereof. 

All words or terms in this act which refer to persons 
or individuals, and which are in the singular number, 
shall be taken to include the plural number, and the 
words of the plural number shall include the singular 
number. All words of a masculine gender shall be 
taken to include the feminine gender. 

The following shall be considered game-birds : The 
anatidae, commonly known as swan, geese, brant, and 
river and sea-ducks ; and the pygopodes, known as 
loons and grebes, — the members of these two orders 
being commonly known as wild water-fowl ; the ralli- 
dae, commonly known as rails, coots.mud-hens, and 
gallinules ; the limicolae, commonly known as shore- 



Act of J ana 
7, 1917. ,P 
573. 



"PerioD' «« 
fined. 



Blngnlajr and 
Plural. 



Gendei. 
Oamt-blria. 



60 



Game-ani- 
mals. 



"Open sea- 
son" de- 
fined. 



"Close sea- 
son ■ "detined 

Violations. 

First offense. 
Penalty. 



Bail. 



Second or 
other of- 
fense. 

Penalty. 



Prior convic 
tion, or plea 
of guilty. 

Penalty. 



CAMi: LAWS. 

birds, plover, surf-bir.ls, suijxs w(M.(kwk. sand-pipers 
tattlers and curlew; the gallinae, commonly known, 
as wild-turkey, grouse, pheasants, partridges, and 
quail; and the birds commonly known as reed birds 
and black- birds. . 

The following shall be considered game- animals : 
The wapiti or elk, the deer, the bear, the wild rabbit, 
and hare; the red, gray, black, and fox squirrel,^ 
and the raccoon. 

The time during which game may be legally taken 
or killed shall be known as the open season; and in 
the designat:on of seasons and other periods under 
this act. and under all other laws of this State toi 
the protection of game, such open season or period 
shall include both the first and the last day or date 
mentioned in the designation. 

The time during which game may not be legally 
taken or killed shall bo known as the close season. 

Section 2.Whenever, because of a violation of any 
provision of this act, a person shall ba convicted for 
a first offense and a penalty be imposed, and defendant 
shall neglect or refuse to immediately pay said amount, 
togetlier with the costs of prosecution, lin lawful money 
of the United States, he shall be at once committed 
to the common jail of the county for a period ot one 
day for each dollar of penalty and costs imposed; 
unless he shall enter into good and sufficient recog- 
nizance to pay said penalty and costs within a period 
of ten days after the date of his said conviction, or 
shall certiorari the proceedings, or shall carry the case 
to a higher court on appeal, as provided for in this 
act For the second or any other offense after the 
first oifense the defendant shall, in addition to the 
penalty prescribed for the first offense, suffer an im- 
prisonment of one day in jail for each dollar of pen- 
alty imposed, and shall be denied the right to hunt 
for a- period of two years from the date of his con- 
viction, under a penalty of twenty-five dollars for each 
dav such person may hunt contrary to this provision. 

Any person convicted or pleading guilty under the* 
provisions of this act, who prior to its passage was 
convicted of a violation of the game laws, or who paid 
a penaltv for a violation of such game laws on a 
signed acknowledgment of guilt and received a field- [ 
receipt therefor, shall be sentenced under this act in 1 
the same manner as a person convicted under the fore-;, 



GAME LAWS. 



61 



going provi;sions relative to a second offense against 

^^iVeverv case of a conviction for a violation of any 
prov sion of this act, wherein a ^^^fendant suiters im- 
nrisonment in lieu of a cash payment of the penalty 
and coTte imposed, all traps, guns, shooting parapher- 
^a a boate decoys and other appliances uSed m vio- 
fntioA of the law, and found or proven to have been 
lither in possession or under control of the defendant 
nt tho tirne of such violation, shall be and they aie 

tity sXcient to pay said penalty and cos s ; and he 
money thus secured be PPPlie^^.^y^^Hhe balance i^ 

-rbf4o^i^/wi?h^?r^t^^ 

''sS!on''3"Tht"laws of this Commonwealth 

^SE^frift^r^^an/^^^ 

SSlbf^^^eSal^l^^c^J^^^S 
po'e^of scdntific study or experiemnt ; or to the Boa d 

of Game Gmmissioners, or to its duly aiithorizea 
agent Sng for the State; and no law shall be held 
to prevent the Board of Game Commissioners, through 
its "^duly authorized agent, from destroying birds or 
animals destructive to game, in such manner as they 
■ may direct. Nor shall the penalties as attached to 
anj game law be construed to apply to any person 
legallv acting under the provisions of a certificate is- 
sued by the Board of Game Commissioners as pro- 
vided for in this act: in which case the holders of 
Inch certificates shall be limited to the rights and 
nrivileges therein named. 

The said Board shall be empowered to grant certifi- 
cates, at their discretion, which shall be good for the 
term of one venr from their date and shall not be 
trnnsf r-blf^ These certificates may be issued to any 



In case of 
imprison- 
ment. 



Forfeiture. 



Sale. 



Disposition 
of money. 



Game laws 
construed. 



V^en provi- 
sions of this 
act shall not 
appply. 



When penal 
ties shalll no 
attach. 



Granting ot 
certificates. 



03 



GAME LAWS. 



•woni •tat» 
oaent befoT« 
renewal. 



Or41n«.r7 



ttflcat*. 



person of known scientific attainment in ornithology, 
within the Commonwealth, or to the agent of any 
public museum in this Commonwealth, or to a teacher 
of ornithology in any school within this Common- 
wealth, authorizing the holder thereof to take birds^ 
their nests, and eggs for strictly scientific study; or 
to any person desiring to raise game in captivity for 
propagation .purposes, within the State; or to a per- 
son desiring to own or sell ferrets, or to a person 
qualified to practice taxidermy ; and at the expiration 
of any of these licenses, the holder shall file a sworn 
statement, covering all his transactions under such 
license, before a renewal license may be granted in 
accordance with the following provisions : 

Section 4. A certificate, to be known as an Ordi- 
nary Certificate, may be granted by the Board of 
Game Commissioners to any properly accredited per 
son, residing within the Commonwealth and legally 
authorized to act as the agent of any public museum 
within the Commonwealth ; or to any one residing 
Tithin the Commonwealth, who is a teacher of orni- 
thology in any school within the Commonwealth, per- 
mitting the holder thereof to collect wild birds other 
than game-birds, their nests and eggs, for mounting, 
for strictly scientific study, but not for sale or ex- 
change, or shipment from or removal out of this Com- 
monwealth, witliout the written consent of the Presi- 
dent of the Board of Game Commissioners. The num 
ber of birds that may be taken under a certificate of 
this character shall be limited to eight of each species 
with nests to the number of two and the eggs found 
therein. 

A certificate to b© known as a Special Certificate, t» 
take birds for strictly scientific study, may be issued 
by the Board of Game Commissioners, and shall be 
controlled by the same conditions and requirements as 
che Ordinary Certificate, excepting that such certifi 
cate may be issued only to a person, residing Within 
the Commonwealth, of known scientific attainment ir 
ornithology; in which case the holder thereof shall be 
authorized to take the wild birds and animals of thip 
State, without limitation, for strictly scientific study 
or experiment, but not for sale or exchange, or ship- 
ment from or removal out of the State without the 
written permission of the President of the Board of 
Game Commissioners. 



GAME LAWS. 



01 



Persons having «ither of the above certificates, and 
taking a greater number of birds, their nests or eggs, 
than is permitted by this act, or the shipping of the 
same out of the State, or the sale of skins of such 
birds or parts thereof, edther mounted or otherwise, 
excepting as herein provided, or in any manner violat- 
ing any provision of this act, shall be subject to the 
penalties prescribed by existing law, in the same man- 
aer and the same extent as though no certificate 
had been issued. Upon the conviction of the prin- 
cipal, therein named, of having violated any provision 
of this section relative to either of tiiese certificates, 
the certificate shall become void, and the holder of 
such recalled certificate shall be denied a renewal 
thereof for a period of three years. 

In order to secure either an Ordinary or a Special 
Certificate, the person desiring same shall file with 
the Secretary of the Board of Game Commissioners 
a petition asking that such privilege be granted to 
him, and shall pay to said Secretary one dollar. 

Section 5. As amended by act May 5, 1921, P. L.- 

Section 5. It shall be unlawful for any person to 
breed or sell ferrets, or in any manner to offer to 
sell ferrets, either for himself or as the agent of 
another, or to have a ferret in possession, except 
by virtue of a license to be issued by the Board of 
GarAe Coimmissioners ; which said license may be 
issued, at their discretion, by the said board, upon 
application made by any resident citizen of tjie 
United States, and the payment of twenty-five dollars 
upon the part of a breeder of or a dealer in ferrets, 
and one dollar upon the part of such person as may 
desire to own a ferret without breeding same : Pro- 
vided, That before any breeder or dealer in ferrets 
may lawfully sell, of any common carrier or agont 
of such common carrier may lawfully deliver, a ferret 
or ferrets to any person within this Commowealth, 
such person or agent must personally see to it, by 
requiring presentation of the certificate or inquiry 
from the Board of Game Commissioners, that the 
person desiring to make such purchase or to . whom 
a ferret or ferrets may be consigned has fifrst obtained 
a proper license to have such animal or animals in 
possession. 

Any person violating this section shall, upon con^ 
viction, be b'able to a penalty of twenty-five dollars 
for eadi ferret bred for sale, sold.delivered, or in any 



YlolatloBi. 



Penalty. 



AppUcatlo* 
for certifi- 
cate. 

Fes. 

Ferret*. 



Lioent*. 



Fe«» 



Prorlso. 

Duty of 

Tendorg or 
carrleri. 



Penalty. 
YlolatloBS. 



64 



GAME LAWS, 



Taxidermy 
for profit. 



Proof of Ti(^ 
lation. 



Penalty. 



Report from 
tavidermista 
before re- 
newal. 



manner offered for sale or delivered, or had in posses- 
sion , contrary to this section. 

Section 6. Any person desiring to practice taxi- 
dermy for profit shall, before beginning such practice, 
secure from the Secretary of tlie Board of Game Com- 
missioners a certificate authorizing him to act thus; 
and the possession of such certificate shall authorize 
such person to receive from any person the skin, or 
any part thereof, of any bird or animal that has been 
either legally or accidentally killed, and to tan or cure 
or mount the same, either himself or through any 
legitimate employe, for wages or hire; but no taxi- 
dermist or other person shall remove out of the Com- 
monwealth, or permit such removal out of the Com- 
monwealth, or sell such mounted specimen, before 
written permission to so do has been procured from 
the President of the Board of Game Commissioners. 

Proof o'f the fact that any pereon shall attempt to 
practice taxidermy for profit, or shall collect or at- 
tempt to collect either wild birds of the Common- 
wealth or the nests or the eggs of such birds pro- 
tected by the laws of this Commonwealth, without first 
securing the license required by this act, shall render 
such person liable to a penalty of twenty-five dollars 
for each offense, and, in addition to the fines and 
penalties imposed by the laws of this Commonwealth 
for the taking or killing during the close season of 
such bird or animal as may be found in his posses- 
sion, or the interfering with birds' nests, as tlie case 
may be. 

The holder of a certificate authorizing the practice 
of taxidermy shall be required, before a second or any 
other certificate shall be issued to him, to file with 
the Secretary of the Board of Game Commissioners, 
at Harrisburg an itemized statement in writing, un- 
der oath, of all skins or parts thereof of either wild 
birds or animals, either mounted by himself or under 
his direction, or sold by him under the provisions of 
this act, with the name and place of residence of the 
persons from whom the same were received, and to 
whom such sj^cimens were sold. He shall also answer 
truthfully and without evasion any question relative 
to the ownership of any specimen of bird or animal 
found in his possession or under his control, or that 
has passed through his hands, killed in this Common- 
wealth by any person other than himself, that may be 



GAME LAWS, 



65 



asked him by an officer or representative of the said 
Board of Game Commissioners. A failure to so re- 
port or to answer the questions asked under the pro- 
visions of this section, shall be considered a just cause 
for refusal upon the part of the Board of Game Com- 
missioners to renew the certificate of any taxidermit. 

The petition necessary to the securing of such cer- 
tificate shall be accompanied by the written statement 
of at least two well-known citizens of the community 
in which said applicant may reside, certifying to the 
good character and fitness of said applicant to be en- 
trusted with said authority, and such applicant shall 
pay to the Secretary of said Board the sum of one 
dollar for such certificate. 

Section 7, as amended by act of May 5th, 1921 
P. L. 

Section 7. A certificate, to be known as a propa- 
gating certificate, may be issued by the Board of Game 
Commissioners to any accredited resident of the age 
of twenty-one years or upwards, permitting the holder 
thereof and his assistants to breed or raise game- 
quadrupeds or game-birds of any kind, both or either, 
and to sell the same, dead or aUve, at any time, under 
the following restrictions and regulations : 

Any person or corporation or association desiring 
to raise either animals or birds classed as game for 
sale shall file with the Secretary of the Board of 
Game Commissioners, at Harrisburg, a petition ask- 
ing for this privilege. 

Where the premises intended to be used for this pur- 
pose are under the control of a company or associa- 
tion, the petition shall bear the name of the president 
of such body, and the certificate shall be issued in his 
name. This petition shall be accompanied by a writ- 
ten description of the premises to be used for such 
purpose, with the location ; which said premises, in 
the matter of raising of small game, may be in such 
form as to the operator thereof seems best suited to 
his purposes, so long as wild game is prevented from 
coming onto such property. 

In the matter of the raising of deer or other large 
game, the preserve shall be surrounded by a wire 
fence of approved pattern for game preserves, with 
a height of not less than eight feet, so constructed 
and maintained as to abbsolutely prevent wild deer 
from jumping into sai(? preserve or in any manner 



Pailue to re- 
port or to 
answer. 



Statement to 

accompany 

petition. 



Propagating 
certificates. 



Petition for 

certificate. 



Premlies. 



Description. 

Character. 

For small 
game. 



For large 
game. 



Fence. 



66 



wild deer to 
excluded. 



Forfeiture ol 
bond and 
certificate 



Fee. 
Bond. 



Eecords. 



Itemized 
statement to 
be filed with 
game com- 
mission. 



fiispection of 
reoorda and 
premlaett. 



GAME LAWS. 

Bussing into said preserve from tlie outside. Before 
Xe fence surrounding any preserve of this character 
shill be Completed or closed, all wild deer that may be 
found upon said territory shall be, as far as Possible. 
rfHvPn therefrom by tlie owner of such lands, under 
?hTd^rection'of an officer of the (>ame ConHnission 

The bond hereinafter provided for shall be forfeited 
to the Commonwealth and the certificate become void 
jTpon the Tonviction of the principal therein named of 
h«vin<r violated any provision of this section, or hav- 
ing knowingly or ncgligentiy permitted any one to vio- 
late any of the game laws on said premises. 

Upon notification of the favorable consideration 
of thfs petition by the said Board, tHe apphcant shall 
pay to said secretary the sum of ^^^/fj^.^/p «nm of 
a duly executed bond, properly secured, ^^ the sum of 
five hundred dollars, conditioned for the faithful 
kleping, upon the part of the P^ncipal therein, nam^d 

Eac^^nrin^^^^^^^^^^^^^ 

with the time they were received, the place trom 
^htce they were shipped, and the ?a-e «f the shipp^ 
pr He shall keep a strict account of all game sold, its 
chiiracter, the time and manner of shipment, with ^e 
nn^rSad address of the purchaser; and shall file 
wXth? Secretary of said Board, at Harrisburg, an 

months beginning with the date of the certmcace. 
nn?n thus collected shall be held strictly confidental, 

SS^F^gi^^^i^t« 

^^ ^e Se-Sd book, together with the Premis- 
described and all game thereon, shall be open to m- 
snectTon upon demand of any Member of the Board of 
Game Commissioners, or of its Secretary, or of any 
Gare Protector, upon the presentation by such G«ne 
Protector of written i-.istnictions from the Secretary 
of said Board, directing him to thus inspect such 



GAME LAWS. 

plaiit; and the refusal of any person holding a propa- 

fh^ c^T^'^^'u^ ^^ ^^'"^^ «^^^ inspection by any of 
the officers above named, or the neglect or refusS 

niTw H^ ^.f ''' ^^ ^^'^ ^^^^^^ «f such certificate to coi^ 
tL ^^^ 1^? reasonable request of the Secretary^f 

Wilh^the1.1d BJ..^f'''' pertaining to stiS'S il 
vvuicn me said iioard has a legal right to bp lip-nvi cK.^ 
be sufiicient cause for refus^ upon the part of sal!^ 
Board to renew such propagation certfficate ^ 

Where game-birds or animals of anv kind'sh«ii h. 
raised in captivity undei^ the provisfons of thl sec 
t^on they may be sold or given away, and shipped a 
live from said enclosure, for propagating purposes ?r 
may be killed within said en'closufe fof SSe'^or gift, 
without regard to sex or numbers, at any time of the 
year under the following regulations: 
f-hf^^''^ ^°^ live game of any kind is shipped out of 
S^nS'T??'^^^^' ^"^.^ ^^^^ "^««t be offered to the 
JJoard ot Game Commissioners for propagatine nur- 
poses which Board shall advise within ten'' days 

Ifl^f/'i^T"? ^° ^"^^ purchases, whereupon, if 
not interested, shipment to any other State or Nation, 
If properly tagged as hereinafter provided, shTl be 
legal without further permit. 

1n\;^L-^r''^ ""n ''''^^''^ '''' packages of any description, 
in which small game may be shipped or removed from 
said premises, shall, before removal therefrom, have 
attached thereto a tag to be supplied in duplicate, 
at cost, by said Board, upon each part of which shall 
be plainly written, in the blank spaces left for the 
purpose, the name and address of the purchaser, with 
the contents of the box, crate, or package. One part 
of this tag shall be attached to the receptacle con- 
taining the game shipped, and the other part shall be 
immediately sent to said Board, at Harrisburg. 

Before any deer or elk, or animal classed as large 
game, shall be removed, sold or shipped from any li- 
censed propagating plant, there shall first be attach- 
ed, to either the crate or box in which the animal is 
shipped or to the animal itself, one of the tags herein 
required for small game, and the duplicate thereof 
shall be forwarded at once to said Board, at Harris- 
burg. 

The tag so attached to either crate or box or ani- 
mal shall remain thus attached until the living birds 



67 



Refusal to 
allow 

laspectioa. 



Sale or ship- 
ment of game 
r.used. 



Small game. 
Tags. 



T.arge game. 



Tags. 



Removal of 

taars. 



68 



GAME LAWS, 



VlolatlonB. 



Penalty. 



Penalty. 
ProTlso. 



Dnlawful re- 
moral or mu' 
tllation of 
tags or 
markers. 



Penalty. 

Unlawful 
use of tags. 



Penalty. 



or animals are released from the crate or box, or the 
dead body of the animal is cut up for retail purposes 
or final consuption ; after which the tag shall be re- 
moved from the crate or box or remainder of the car- 
cass by the person finally disposing of the animal, and 
shall be at once forwarded to said Board, at Harris- 
burg. 

Any person failing to comply with the requirements 
of this section in the matter of attaching tags before 
shipment of birds or animals, or in any other man- 
ner violating the provisions of this section relating to 
such shipment, shall, upon conviction, be sentence** 
to pay a penalty of one hundred dollars for each 
offense. And any person failing to comply with the 
requirements of this section in the matter of returning 
to the Board of Game Commissioners the tags so 
affixed shall, upon conviction, be sentenced to pay a 
penalty of ten dollars for each offense. Provided, 
That no provision of this act relating to license or 
tags shall be considered to apply to persons who may 
raise small game to release within the Commonwealth, 
or to be given away within the Commonwealth, or 
to eith(>r largo or smnll gamp sold alive to a representa 
tive of the State, for propagating purposes within 
the Commonwealth. 

Section 8. It shall be unlawful for any person to 
wilfully or wantonly remove or mutilate or destroy 
any tags or markers, so affixed to any crate or box or 
animal in compliance with the requirements of this 
act. at any time or at any place, except as designated 
by this act, or by authority of the consignor or con- 
signee of such game, or of some officer of some court 
of this Commonwealth, or of some Game Protector of 
the Commonwealth. Any person violating this section 
shall, upon conviction thereof, be sentenced to pay a 
penalty of fifty dollars for each tag or marker wan- 
tonly removed, mutilated, or destroyed. 

Section 9. It shall be unlawful for any persob to 
wilfully use any such tag or marker, prescribed by 
this act, for the purpose of protecting or carrying 
game of ajiy kind, taken or killed outside of licensed 
preserves within this Commonwealth, or for the pur- 
pose of protecting or carrying a second shipment of 
game from any such licensed preserves within this 
Commonwealth. Any person convicted of such offense 
shall be sentenced to pay a penalty of one hundred 



GAME LAWS. 



00 



dollars fo each tag used in violation of this section. 

Section 10. It shall be unlawful for any person to 
bring, or in any manner to have transported, into 
this Comuonwealth, from any other State or country, 
any living specimen, or any egg thereof, of the bird 
known as the European starling, or any other bird 
or any living animal the importation of which is pro- 
hibted by the Secretary of Agriculture of the United 
States, under the provisions of any law of this Nation ; 
or to release within this Commonwealth' any fox, wild- 
cat, mink, or weasel brought into this State from 
another State or country, or reared in captivity. 

It shall be unlawful to bring into or sell within 
this Commonwealth living game of any kind, either 
birds or animals, that have been imported from any 
other State or Nation, or to release within the Coipi- 
monwealth, for propagating purposes, imported game 
of any kind, excepting under a certificate to be issued 
from the Department of Agriculture of Pennsylvania, 
after inspection by a representative of the Livestock 
Sanitary Board of that Department, and quarantine 
when necessary. 

Whoever shall violate any provision of this section 
shall be sentenced to pay a penalty of fifty dollars 
for each bird or egg or animal so imported or brought 
into this State, or sold or released within the State, 
contrary to this section. 

Section 11. Excepting as provided in this act, no 
person shall take, or have in possession or under con- 
trol, either the nest, or any egg found therein, of any 
wild bird, either game or otherwise, protected by the 
law of this Commonwealth, or shall wantonly inter- 
fere with or destroy any such nest or egg. Whoever 
shall offend against any provision of this section shall 
be sentenced to pay a penalty of ten dollars for each 
nest of a wild bird, other than a game-bird, either in- 
terfered with or wantonly destroyed : and shall be sen- 
tenced to pay a penalty of fifty dollars for each nest 
of a game-bird either wantonly interfered with or de- 
stroyed. 

Section 12. It shall be unlawful for any person, ex- 
cept as provided for in this act, to at any time shoot 
at, or wound, or take, or kill any wild bird other than 
a game-bird, or to have such bird, either living or 



Illegal tm- 
portationa. 



Bird or ani- 
mals. 



Unlawful re- 
lease. 



Unlawful Im- 
portation or 
sale. 



Inspection 
and quaran- 
tine. 

Violations. 

Penalty. 



Nests and 
Violations. 
Penalty. 



Wild birds 
other than 
game-blrda 
protected. 



70 



GAME LAWS, 



Killing:, 
i^oundintr, 
i^hipment or 
jKissessiou 
cf. 



Tii'lations. 
I 



Fcnaity 



Violations 



Penalty. 



I'roTlso 



TUivircitfotcd 

birds. 



dead, or part thereof, in possession, or to have any 
part of the plumage or skin thereof in possession or 
under control for purposes of sale, or to offer or ex- 
pose the same for sale, or to transport or ship or 
remove, or attempt to transport or ship or remove, 
from this (Commonwealth, for any purpose, sfuch 
bird, or any part of the plumage or skin thereof; or 
to have in possession or under control for sale, or to 
sell or to offef to sell, either living or dead, any wild 
bird other than a game-bird, or any part of the plum- 
age, or skin thereof, of a kind found either in a wild 
state in this Commonwealth or that may have been 
brought into this Commonwealth from another State 
or country, and which belong to the same family bm 
those found in a wild state in this Commonwealth. 

Whoever shall violate any provisions of this section 
shall be liable to a penalty of ten dollars for each 
wild bird other than n game-bird shot at. wounded, 
or killed or taken or had in possession, transported, 
shipped, or removed, or nttomptod to be transported, 
shipped, or removed, out of this Commonwealth, or 
for any part thereof, in any manner taken or held 
for a purpose contrary to any provision of this act; 
such bird boing of n kind found in a wild state in 
this Commonwealth, and that is protected by the laws 
of tips CoTnmonwonlth ; and nny person, acting either 
for himself or as the agient or reprsentative of 
another, who shall sell or bartor. or who shall attempt 
to sell or barter, or who shall have in possession for 
sal'^ or barter, or who shall ship or remove, or cause 
to be shipped or removed, out of this Commonwealth, 
for sal'^ or barter, a wild h\r<^. other than a game- 
bird, either living or doad. or the skin or the plnmage 
or anv oart of such bird, or skin or plumage of a 
kind belonging to the same family as those birds 
found in a wild state in this Commonwealth, shall be 
liable fr> a pennHy of twenty dollars for oach bird or 
bi^d-skin or bird plumage, or any part thereof, sold, 
offered for sale, had in possession for salo. or in any 
manner romovd out of this Commonwealth for sale, 
r'ontrary to thi«: section : Pi'ovided, however. That the 
blue jay. the English sparrow, the Euronean starling, 
tho kin'^ph'^'r. the buzzard, th" g'^shawk. the sham- 
shined hawk, the Cooper's hawk, the red-tailed hawk, 
thfwjr^^lKjTThhMjrdhnjjT^^^ 



GAME LAWS, 



71 



marsh hawk, the rough-legged hawk, the duck-hawk, 
the pigeon-hawk, the barred owl, the great gray owl, 
the great-homed owl, the snowy ov/1, the hawk owl, 
the raven, the crow, the blue heron,* the green her- 
on,* and the night heron* may be killed in any manner 
at any time : and that nothing in this act is intended to 
interfere with or prevent the possession of the tanned 
or cured skin, or any part thereof, of any wild animal 
or wild bird, either legally or accidentally killed, or 
brought into this Commonwealth from any other State 
or country, from which the same was legally imported 
for purpose of study or exhibition, or for any other 
purpose excepting that of sale. 

Section 13. There shall be no hunting for or shoot- 
ing at or chasing of game upon the first day of the 
week, commonly called Sunday. Any person violating 
this section shall, ur^on conviction, be liable to a pen- 
alty of twenty-five dollars for each offense. 

Section 14. As last amended by Act of May 5th, 
1921. P. L.— 

Section 14. It shall be unlawful for any person, ex- 
cepting as provided for in this act, to take or kill or 
wound, or to attempt to take or kill or wound, or 
have in possession, either living or dead, any game- 
bird or game-animnl, or any part of such bird or 
animal, protected by this act. The open season for 
gamp-birds and animals, Sundays excepted, shall be 
as follows : — 

For the wild-turkey, ruffed grouse, commonly called 
pheasant, ring-necked pheasant, Virginia partride, 
commonly called quail. Gambel quail. Valley quail, 
Hungarian quail, and the gray, black, and fox squirrel, 
from the first day of November to the thirtieth day 
of November. 

For the red squirrel, from the first day of November 
to the fifteenth dav of August next following. 

For the wild rabbi> and the hare, from the first day 
of November to the fifteenth day of December.. 

For wondeocl<. from tho first day of October to the 
thirtieth day of November. 

For the raccoon, from the first day of October to the 
thirty-first day of January. 

For bear, from the first day of November to the fif- 
teenth day of December. 



L:\\vful poa- 
fc.ssion of 
tinned or 
cured BkiiuB. 



Hiuiling, 
shooting, 
etc., on 
Biuiday pro- 
hibited. 



Open sea- 
sons. 



■^Vild-turkey, 
luffed 
i;ronse, 
]>heasant 
and quail. 

Squirrel. 



Eabbit 
and hjare. 

Woodcock. 
Baccoon. 
Bear. ( 



T2 



Deer. 



PloTer and 
blackbirds. 



Bail, coot, 

shorebirdg, 
etc. 



Wild water- 
fowl. 



Gamble and 
Valley quail. 



Penal tieB. 



PtotIbo. 



Limitation 
as to nninbel 
Day. 



GAME LAWS. 

For male deer, with antlers extending not less than 
four inches above the top of the skull, from the first 
day of December to the fifteenth day of December. 

For upland or grass plover, and the birds commonly 
called blackbirds, from the first day of August to the 
tliirtietli day of November. , , . , ■, • 

For the rail, cool, or mud-hen, reed-bird, saiid-piper, 
tattler, curlew, Wilson or jack-snipe, or any other shore 
bird, excepting woodcock, from the first day of bep- 
tember to the thirtieth day of November 

For all kinds of birds known as wild water-fowl, 
from the sixteenth day of September to the thirty- 
first day of December: Provided, That the Gambel and 
Valley quail shall be accorded the same Protection 
throughout given to the Virginia partridge, commonlj 
called quail, by the act of June seventh one thousand 
nine hundred and seventeen (Pamphlet Laws, five 
hundred and seventy-two), and its several ?^endments^ 
Any person who shall violate any provision of this 
section shall be liable to a penalty of one hundred 
doTla?s for each deer; and fifty dollars for each bear: 
and twenty-five dollars for each wild-turkey or rufiEed 
g?ousV or quail or woodcock or ring-necked pheasant ; 
and ten dollars for each rabbit or hare or squirrel or 
Raccoon or wild water-fowl or shore-bird, other than a 
woodcock or plcver or reed-bird or blackbird,— killed 
Z tnken, or attempted to be killed or taken or had 
in possession, at a time other than that fi^ed as the 
open season for such animals and birds, or in any 
manner contrary to this section: Provided, however 
That ring-necked pheasants raised strictly m captmty 
may be killed by the owner of such birds upon lands 
^ch person may own or control, without .regard t^ 
numbers, during the open season for nng-necked 

''^sS'n'lS as last amended by Act of May 5th. 
looi PL. — 

Section 15. It shall be unlawful for any person 
to kill in one day more than one wild-turkey, or more 
than three ruffed grouse, or more than eight Virginia 
partn-dges, commonly called quail, or more than eight 
Gambel or Valley quail, or more than six woodcock, 
or more than tlfree ring-necked Pheasants or more 
than four Hungarian quail, or more than six squirrels 
of the <Smbined kind^ of fox, black or gray, or any of 



GAMF ".AWS. 



73 



them, or more than five wild rabbits, or more than thr^ 
hares • or to kill in any one season more than one wild- 
turkey, or more than fifteen ruffed grouse, or more 
twenty-five Virginia partridges, commonly called quail, 
or more than twenty-five Gambel or Valley quail, or 
more than twenty woodcock, or more than six nng- 
necked pheasants, or more than ten Hungarian quail, 
or more than twenty of the combined kinds of squirrels 
of fox, black or gray, or any of them, or more than 
forty wild rabbits, or more than fifteen hares, or more 
than one bear, or more than one deer, which in every 
instance shall be a male deer with antlers extending 
not less than four inches above the top of the skuU ; 
and it shall be unlawful for any person at any time to 
attempt, by standing on watch or otherwise, to kill a 
second male deer in one season ; and it shall be unlaw- 
ful for any person at any time to shoot at or wound or 
kill, or attempt to wound or kill, or have in posses- 
sion, a fpjmale deer or an elk or any il gal male dper 
or elk found in a wild state in this Commonwealth, 
except' as otherwise provided by the laws of this Com- 
monwealth relating to the taking of game-ani,mals and 
game-birds under authority of a certificate issued by 
the Board of Game Commissioners. 

Any person taking or wounding or ^ killing, or 
attemping to take, kill, or wound, any animal or bird 
nrot^'cted by this act, or in excess of the^ number per- 
mitted bv this act, or in any manner violate any pro- 
vision of this section, shall, upon conviction, be 
liable to a penalty of two hundred dollars and six 
months imprisonment for each elk, and one hundred 
dollars for each deer, and fifty dollars for each bear, 
and twenty-five dollars for each wild-turkey or ruffed 
grouse or quail or woodcock or ring-necked pheasant, 
and ten dollars for each rabbit or hare or squirrel, so 
taken, wounded, killed, or attempted to be taken, 
wounded, or killed, or had in possession, contrary to 
the provisions of this section. 

Every person who knowingly uses game that has 
been illegnllv killed or taken, or who ^"owingly aids 
or assists in the concealment of game illegally killed, 
or who knowingly has game in possession that has been 
iUe^'allv killed or taken with intent to use_ or conceal 
same sh^ll bo liable to the full pennlty imposed by 
law ifor the killing of such game contrary to law. 



(Season. 



Second deer. 



Female deer, 
elk, or U- 
lesral deer. 



Violations. 



Penalty. 



Use or con- 
cealment or 
game Illegal- 
ly taken. 



74 



gamp: laws, 



Night 
hunting. 

PermissiMe 
weapons. 



Traps, snarel 
etc. 



Vehicles. 
Lights. 



Eaccoons. 



Decoys 
and 

blinds. 

Residents 
under 
fourteen. 
ProTlso. 

Steel tnipii 
for Tevuiia. 



Violations. 
Penalty. 



Section 16 as ameuded by Act of May 5tli, 1921, 
P. h.— 

Section 16. It shall be unlawful to hunt for or to 
catch or to kill, or to attempt to catch or kill, any 
game-birds or any game-animals between sunset of out- 
day and sunrise of the day following ; or to take or kill 
or wound, or to attempt to take or kill or wound, game 
of any kind except through the use of a gun, such as 
is usually raised at arm's length and fired from the 
shoulder, or a pistol, other than an automatic pistol 
or revolver, such as is usually held in the hand and 
fired at arm's length ; and no person, except as pro- 
vided for by this act, shall at any time, set, lay, or 
prepare for use, or use any trap, snare, net, bird-lime, 
swivel-gun, air-rifle, the apparatus known as a silencer, 
deer-lick, pit-fall, turkey blind, turkey call, or turkey 
pen, for the purpose of catching or taking or killing 
game of any kind ; or shall shoot at or take or kill, 
or attempt to shoot or take or kill, game-birds or 
animals of any kind from an automobile or vehicles 
of any kind propelled by any mechanical power; or 
shall make use of or take advantage of any artificial 
light, battery, or other contrivance or device, except 
the before-mentioned gun, with intent to catch, take, 
injure, or kill any game-animals or game-birds,-^x- 
cepting that raccoons may be hunted for and be killed 
at any time, either day or night, during the open sea- 
son, Sunday excepted, and may be killed or captured 
in any manner that to the hunter may seem best, and 
may be retained in captivity, or sold dead or alive at 
any time, either within or outside the Commonwealth, 
if taken during the open senson ; and that decoys in 
numbers as provided for in this act and blinds may be 
used in hunting wild water-fowl ; and that residents 
under the age of fourteen years may take rabjjits 
through the use of box-traps during the open season 
upon lands whereon such persons reside : Provided 
also, That it shall be lawful to use steel traps, not to 
exceed in size a standard number three, for the pu-r- 
pose of taking wildcats and other wild animals classed 
as vermin, so long as such traps are not set where 
rabbits and other protected game may be caught 
in same. 

Any person violating any provisions of this section 
shall, npon conviction, be liable to a penalty of two 



GAME LAWS 



75 



huudred dollars and six months imprisonment for 
each elk, and a penalty of one hundred dollars for each 
deer, and fifty dollars for each bear, and ten dollars 
for each rabbit or hare or squirrel, and twenty-five 
dollars for each game-bird, taken, killed, or wounded, 
or attempted to be taken, killed, or wounded, contrary 
to this section. 

Section 17. It shall be unlawful to hunt for or pur- 
sue, or to follow after, with intent to kill, any wild 
water-fowl from or with, or through the use of, any 
craft propelled by any means other than oars, pole, 
or hand-paddle. Any person using a craft or boat for 
such purpose, other than one propelled by oars, pole, 
or hand-paddle, or the captain or owner, or other 
person in charge of such boat or craft, who shall allow 
or knowingly permit the same to be used contrary to 
this section, while he is on board, shall be liable to 
the penalties herein imposed. 

It shall be unlawful for any person, or for any num- 
ber of persons, acting together, to place in any of the 
waters of this Commonwealth, for the purpose of 
attracting wild water-fowl of any description, more 
than twenty specimens of artificially prepared wooden 
ducks, or ducks of any character, commonly used as 
decoys or to shoot over or to attempt to control more 
than twenty such decoys, so placed as to cover not 
exceeding one-fourth of a mile, upon any stream or 
lake. 

Any person who shall violate any provisions of this 
section shall be sentenced to pay a penalty of fifty dol- 
lars per day for each day on which any forbidden craft 
or boat may be used to hunt or pursue, or to follow 
after, with intent to kill, wild water-fowl ; and ten 
dollars for each decoy, or other contrivance or device, 
set, placed, or controled contrary to the provisions of 
law. 

Section. 18. Except as otherwise provided for by 
this act, it shall be unlawful for any person to hunt 
for or catch or kill, or cause or permit the hunting 
of, hare or rabbits, with or though the use of a 
ferret, under a penalty of twenty-five dollars for each 
ferret so used, and ten dollors for each rabbit or 
hare taken through the use of or by the aid of a 
ferret. And the fact that any person shall place a 
ferret in any hole or opening in the ground or stone 



Wild wat*>r- 
fowl. 



Unlawful 
use of 
water 
craft. 

Penalty. 



Decoys. 

LiimitatiOB 
of number, 
etc. 

Violations. 
Penalty. 



Hare or 
rabbits not 
to be taken 
through u.se 
of ferreta. 



76 



GAME LAWS. 



Penalty. 



Use posses- 
sion ov con- 
trol of fer- 
rats. 



Penalty. 



Forfeiture. 



Waptltl 
or elk. 



Close seaBon. 
Open season. 



StlU-hunt- 
Ing. 



Penalty. 
Deer or elk. 



wall or log, outside of buildings, in which a rabbit 
mi^ht be found, or shall be caught in the act of using 
a ferret in the taking of hare or rabbits ; or shall 
have a ferret in possession or under control, in either 
the fields or forests or in any vehicle upon the high- 
ways, or on railroad cars; or shall be proven to 
have use'J er have been possessed of a ferret while 
hunting: or shall while going hunting or while re- 
turning from such a hunt, have a ferret either in pos- 
session or under control , shall render such person lia- 
ble to the penalty of twenty-five dollars for each ferret 
to the penalty of tweny-five dollars for each ferret 
had in possession or under control at any time. 

Any feri'<^t founM, running at large, or found in 
the possession or under control of a person not 
possessed of a ferret license, or of a person convicted 
of \nolating any provision of this act. shall be forfeited 
to the Conimonwr-alth, and shall be immediately killed 
by the officer or citizen into whose hands such anima] 
may come. 

Section 19, as amended by Act of May 5th, .1921, 
P. L. — 

Section 19. It shall be unlawful for any person to 
kill or wound or capture, or to attempt to kill or 
wound or capture, any wapiti or elk found in a wild 
state in this Commonwealth, or to have such wapiti 
or elk, or any part thereof, in possession, before the 
first day of December, one thousand nine hundred 
and twenty-three. Tliat after the thirtieth day of No- 
vember, one thousand nine hundred and twenty-three,, 
unless otherwise provided, there shall be annually an 
open season for wapiti or elk, which open season shall 
correspond with the open season for deer at that time, 
during which open season of each year, Sundays ex- 
cepted, it shall be lawful for any person in this Com- 
monwealth to kill, through the method known as 
still-hunting, only one wild wapiti or elk, which in all 
instances shall be a male wapiti or elk with antlers, 
commonly called horns, with not less than four 
points to one antler. 

Any person violating any provision of this section 
shall be liable to a penalty of two hundred dollars 
and six months imprisonment for each offense. 

Section 20. The possession or control of a deer or 
elk, or of any portion of either of such animals, shall. 



GAME LAWS, 



77 



unless the head, bearing antlers extending at least*** 
under act of May 5th, 1921, four inches above the 
skull, *** in the case of a deer, and in the ease of an 
elk not less than four points to one antler, be at- 
tached in a natural way, in all instances be prima 
facie evidence that such animal was killed unlawfully 
in this Commonwealth ; and shall render each person 
in whose possession or under whose control the same 
may be found, or who may be proven to have had 
such animal or part thereof in possession or under 
control, liable to the full penalty now imposed by 
law for the unlawful killing of elk or deer, as the 
case may be, unless such person shall immediately, 
upon demand made by an officer of the Common- 
wealth wIk.sc duty it is to pn)tect the game and wild 
birds, produce the head bearing antlers of legal length, 
or shall swear that the flesh in question, found in 
his i)()s.s('ssi()n or proven to have been under his 
control, is a part of a deer or elk legally killed in 
the Commonwealth, both or either, as in the mind 
of the officer investigating may be considered neces- 
sary ; and the officer investigating a case 'of this char- 
acter, or anv other violation of the game-laws, is 
hereby authorized to administer oaths relative to such 
matter; and where game of any kind is found in a 
camp, or in possession or under control of an indi- 
vidual or hunting party, such possession shall be con- 
sidered prima facie evidence that the same was taken 
illegallv. unless the person or persons in charge or in 
control of «uoh game shall answer satisfactorily im- 
mediatolv under oath if required, such pertinent ques- 
tions relating to the taking or ownership or posses- 
sion of same as may be considered necessary by the 
officer investigating; and in every case where such 
person or ii(>rsons. in possession or in control of such 
game, refuse to so answer such questions, the game 
thus found in possession or under control is hereby 
declared forfoited to the Commonwealth, and such 
officer is directed to take charge of and di-^pose of 
samft as prox-ided by law relative to game seized in this 
Commonwealth. 

Section 21, as amended by Act of May oth, 11)^1, 
p L 

Section 21. It shall be unlawful for any body of 
men, either camping together or hunting in unison 
or in any manner cooperating with each other, to 



Possession 
or control. 



Prima facie 
erideuce. 



Penalty. 



Production 
of head. 



Official in- 
restlgatlon. 



Adminis- 
tration of 
oatiis. 



Possession 
of g-ame 
prima facie 
evidence. 

Oath of i)er- 
Bon haring 
game in pos- 
Bession. 

Forfeiture 
on failure 
or refasal 
to arswer 

questions. 



Camps and 
Imnting par- 
ties. 



78 



GAME LAWS. 



LilmitatiOD , 



Becords. 



uiftrkei'E. 



Liiability 

to i)eiiaJties. 



Proviso, 



kill or be possessed ©f more than six legal male deer, 
or more than one legal elk, or more than three bear, 
killed under the provisions of existing law, in a wild 
state, in one season. 

Each camp or body of men hunting together shall, 
at all times while hunting, maintain a roster or record, 
giving in plain English the name, address, and license 
numbers of all persons hunting with that party at any 
time during that season, which roster or record shall 
be kept at the camp, boarding house or other stopping 
place, and, if not camping or stopping together, in 
tlie possession of the leader or captain of such party. 
Such roster or record shall at all times be open to 
inspection by any officer whose duty it may be to pro- 
tect the game of the Commonwealth, 

Each person killing a deer, elk, or boar in a wild 
state shall see to it that a tag or marker is attached 
within six hours after such killing, bearing in plain 
English his name, address, license number, and county 
number, with the location where same was killed. 

Every person in a camp or body of men hunting 
together or in any manner cooperating with others 
in hunting for deer or elk or bear, shall be liable to the 
full penalty now imposed for killing deer or elk or 
bear during the close season for each animal killed 
by any member of their party in excess of the before- 
mentioned numbers, after the time the various mem- 
bers of such party hunting together have had ample 
opportunity to get together, not exceeding the close 
of said day, and ascertain that the legal limit of such 
animals has been killed : Provided, That should more 
than the lawful number of deer or elk or bear to fill 
out the le^al quota be killed unintentionally by any 
camp or hunting party, any excels animalsi shall be 
turned over to the nearest game protector or paid 
representative of the Department of Forestry, within 
eighteen hours after killing, for delivery to a char- 
itable institution, the head and skin to be disposed of 
by the Board of Game Commissioners. 

Every person who may hunt individually or with 
another camp or party hunting in unisicn for deer or 
elk or bear, or in any manner cooperating with 
others hunting for deer or elk or bear, after having 
participated in any manner in killing during that sea- 
son the number of such animals above prescribed for 



Game laws. 



79 



camps or hunting parties, shall be liable to the full 
penalty prescribed for killing such animals during the 
close season for every day such person may hunt con- 
trary to this provision. 

For failure to keep, or produce immediately upon 
demand by any officer specified, the roster or record 
required by this section, or for failure to tag deer or 
elk or bear as herein required, any game found in pos- 
session shall be confiscated, and the person responsible 
for such neglect or, if unable to immediately locate the 
individual responsible, each member of a camp or 
party hunting in unision, shall be liable to a penalty 
of twenty-five dollars for each offense. 

Section 22, as amended by Act of May 5th, 1921, 
P. Jj.— 

Section 22. ^ When it is proven to the satisfaction 
of the Board of Game Commissioners that either deer 
or elk or bear or rabbits or blackbirds or other game 
is excessively destroying property or otherwise be- 
coming a nuisance in any section of the State, the said 
board shall have authority to at any time remove or 
to have removed said animals or birds from that 
neighborhood or to direct the killing of same, as the 
case may require. 

Nothing in this act shall be so construed as to pre- 
vent any person, actually residing upon or cultivating 
lands within this Commonwealth, as either the owner 
or lessee, or the legitimate employe of such owner 
or lessee, from killing, in any manner or at any time, 
any deer or elk or bear or rabbit or raccoon or the 
birds commonly known as blackbirds, regardless of sex 
or age, which he may find on such lands actually en- 
gaged in the material destruction of cultivated fruit- 
trees, cultivated crops, vegetables, live stock, poultry, 
or bee-hives, or. in the case of blackbirds, either the 
eggs or young of other birds, or anyw^here on the prop- 
erty under their control immediately following such de- 
struction : Provided, That such person shall at all times 
be in the position to prove that material damage was 
being done by the anifnal or bird killed, and report such 
killing, except ia the case of blackbirds, within twenty- 
four hours, either verbally or in writing to the nearest 
Game Protector or the office of the Board of Game 
Commissioners, at Harrisburg ; also dress and proprrly 
care for the carcass of any animal killed for delivery 



Failure to 
keep or pro- 
duce recordi 



Penalty, 



Powers of 
Game Comm- 
issioners. 

Powers of 
land owners, 
etc. 



Proviso . 
Proof. 
Peport . 



so 



GAME LAWS. 



PtotIbo. 
Bears. 



Opening 
counties 

for bear 
bunting. 



to such charitable institution as such officer or board 
may direct. Failure to prove material damage or 
make the report herei-n required or properly care for 
such carcass shall be prima facie evidence that the 
purpose was not to relieve the destruction of property 
as herein contemplated, and shall subject any person 
killing any animal or bird named in this section to 
the full penalty provided by law for killing such 
animal or bird during the close season : Provided 
however. That nothing in this act shall be constructed 
to prevent any person from killing a bear at any time 
or in any manner when such animal is inflicting or 
attempting to infli?t injury to oither the person or 
personal property of any indi^ndual, or the killing of 
such bear in a pursuit commenced within forty-eight 
hours after the commission of such offense, or to pre- 
vent any person from killing a bear .at any time, in 
any manner, when such animal is found within one- 
half mile of his regular place of residence, if such 
person has just cause to fear injury to persons or his 
personal property: Provided, That steel traps shall 
not be used for the purposes stipulated in this pro- 
vision relative to bear. Any bears killed under this 
provision shall be reported, and the carcass cared for 
and disposed of in the same manner as directed above: 
Provided also That upon ree.-ipt of a notition from 
any county, containing thp signatures of not loss than 
t"wo hundred citizens of that county, deolnring that 
bears have become a nuisance in that section, setting 
forth in what manner such animals are a nuisance 
and Rueh other writing or evndence as the petitioners 
may deem it advisable to file, the said board, if upon 
investigation it is satisfied the conditions in that 
couny warrant such action, may declare such county 
op^n to the killing of b'^ar, at any time of the year, 
in any number, and by any method, except steel traps 
and deadfalls, by any citizen of the United S+ates 
when complying with the hunter's license laws of the 
Commonwealth. To either open a county to the kill- 
ing of bear, as herein provided. for, or to revoke such 
declaration, a proper notice to that effect shall be pub- 
lished by said board in not less than three newspapers 
of general circulation in the county affected, if there 
be that many published in the county, one time each 



GAME LAWS, 



81 



week for three consecutive weeks, setting forth the 
date such action becomes effective. Bears killed under 
the provisions of such special declaration may be con- 
sumed or disposed of under the provisions of law by 
the person killing same. 

Section 23. It shall be unlawful for any person, at 
any time, to shoot at, or to kill, wound, or capture, 
or attempt to kill, wound, or capture, either an elk 
or a deer in the waters of any of the streams, ponds, 
or lakes ; or for any person to make use of a dog in 
hunting deer or elk or wild turkeys ; and the fact that 
a dog of any description shall be taken into the woods, 
or shall be had in possession or under control in the 
woods, or shall be cared for or harbored, or permitted 
to remain with any individual or in the camp of any 
person or persons, shall render each person in whose 
care or under whose control the dog may be outside 
of the camp, and each person in said camp, liable to 
the full penalty prescribed by law for the unlawful 
taking or killing of deer or elk, or wild-turkey, as the 
case may be ; upon proof, duly sworn to, that the dog 
so taken into the woods, or had in possession, or 
under control, or harbored, cared for or permitted to 
remain with any person or in the camp of any person 
or persons, did. within a radius of ten miles from said 
camp or from the point wherein a dog may be taken 
by any individual, run after, pursue, or follow upon 
the track of any deer or fawn or elk for a distance of 
one-half mile, or did pursue or scatter wild-rurkeys. 

Section 24. As amended by act of May 10th, 1921, 
P. L.— 

Section 24. It shall be unlawful for any per- 
son to make use of what are known as buckshot in 
hunting for or shootig at either elk or deer or bear; or 
to kill or to attempt to kill any deer or elk or bear, 
except as provided for in section twenty-two, by or 
with or through the use of a gun propelling 'or emmit- 
ting more than one pellet, bullet, or ball, at such deer 
or elk or bear tlirough a single discharge ; or to take 
an elk in any manner except through the meth-od 
known as still-hunting. Any person violating any 
provision of this section shall be subject to the pen- 
alties provided by this act for the unlawful taking 
or killing of deer or elk or bear; as the case may be, 
during the closed season. 



EOk or 

deer In 
streams, 
pondB, or 
lakes. 



Liability 
of those 
taking 
dogs In 
the woods 
or to 
camps. 



Penalty. 
Evidence. 



Unlawful 

use of 
buckshot. 
Elk or 
deer. 

Gnns. 



Still- 
hunting. 
Violation*. 
Penalty. 



82 



GAME LAWS, 



Dogs pur- 
snins large 
game. 



l'nhli( 
sance 



11 ui- 



Killing 
of dog. 
Affidavit. 



Liability. 
of owner, 
et al. 



Pursuit of 
elk or deer. 



Peualty. 



Liability 
of, owner, 
ft aJ. 

Notice in 
writing. 



Double pen- 
alty. 



Dogs pur- 
suing small 
{,'aine. 



During 
close sea- 
tion. 

Killing 
of dog. 
I»ublic 
nuisance. 



Section 25. Any dog pursuing or following upon the 
track of a deer or elk or fawn is hereby declared to 
be a public nuisance. Such dog may be killed by any 
person when seen pursuing or following upon the 
track of an elk or deer or a fawn ; or by a game- 
protector, deputy game-protector, game-warden, for 
estry- warden , or any other officer of the State, whose 
duty it is to protect any of the gjijme of the State, uppn 
affidavit being made by one or more persons acquain- 
ted with the facts that said dog is in the habit of, or 
has been seen or heard, running upon the track of or 
pursuing any elk or deer or fawn within a period of 
two years from the date of such affidavit. The owner 
or person harboring or in control of a dog, either 
killed in confonnity with the law or proven to have 
pursued a deer or an elk for the distance of one-half 
mile or more, shall be liable to a penalty of fifty dol- 
lars for each elk pursued, and one hundred dollam 
for each elk killed or caused to be kille^l, by such dog 
running at large, without the aid or direction of its 
master; and to a penalty of twenty-five dollars for 
each deer or fawn pursued, and fifty dollars for each 
deer or fawn killed or caused to be killed, by such dog 
running at large, without the aid or direction of its 
master. 

Where the owner or person harboring or in control 
of a dog shall neglect or refuse to take such action as 
may be necessary to prevent such dog from running 
elk or deer, after notice in writing from an officer of 
the State, whose duty it is to protect the game of the 
State, to the effect that the dog in question is in the 
habit of pursuing deer or elk, shall be liable to double 
the amount as fixed before for the first offense ; such 
penalty to be recovered as are other penalties im- 
posed by this act. 

Section 26. As amended by act of May 5th, 1921^ 
P. L.— 

Section 26. Any dog pursuing or following upon the 
track of any gapie-quadruped, such as hare or rabbits, 
and known as small game, or following upon the 
track of any game-bird or other wild bird protect- 
ed by existing law, during what is known as the close 
season for such animal or bird, is hereby declared to 
be a public nuisance, and- may be killed by the owner 
or lessee of land whereon it is found, or by an em- 
ploye of such owner or lessee, or by any officer of the 



GAME LAWS, 



83 



Commonwealth whose duty it is to protect tlie game 
or wild birds, unless such dog shall wear a collar 
having attached thereto a metallic tag or plate upon 
which shall be plainly inscribed, in English, the name 
and address of the owner of such dog; and any dog 
thus wearing a collar, inscribed as before mentioned, 
pursuing small game during what is known af the 
close season for such game or wild birds, may be killed 
by the owner or lessee of any land upon which such 
dog may be found, or by any employe of either the 
owner or lessee, or by any officer of the State whose 
duty it is to protect the game of the State, when siicH 
dog is seen upon the track of such game, aSter notice 
in writing from that particular person, or from. the 
Sec7e?ary of the Game Commission, has been given 
to the owner or reputed owner or person in control of 
Sch doJ to the effect that the dog in question is in 
the habft of destroying or pursuing or following upon 
the t?ack of game or wild birds contrary to this 

^^ Any 'person who shall either knowingly, or negli- 
<^eX permit his dog or a dog under his control to 
pursue small game <^™^ the close season off land he 
may own or control, shall be liable to a penalty of ten 
dollars for each daV small game may be pursued in 
'StLn of Xs section, and to an additional penalty 
of five dollars for each game-bird or rabbit killed by 
such dog pursuing game without the aid or direction 
oflts mister: Privided. That dogs when accompanied 
by and under control of their masters, may J>e trained 
upon any of the living wild-game or birds in this btate, 
excepting elk and deer and fawn or wild-tiirkeys. from 
the first dav of September to the first day of March 
next following, Sundays excepted so long as no fire- 
arms usuallv raised at arm's length and fired from the 
shoulder are carried and no injury is inflicted upon 

said animals or birds. . -j j k„ <-i,io 

Section 27. Except as otherwise provided by tnis 
act it shall be unlawful for any person, at any time, 
to knowingly buy or sell or barter, or expose for sale 
or barter, or have in possession for sale or barter, an 
elk or a deer, or wild rabbits or hare or gray or 
black or fox squirrel, or any ring-necked pheasant or 
Hungarian quail, or any part of either of such ani- 
mals or birds, that has been killed, taken, or oap- 



roUar aud 
name plate. 



Killing 
after 
notice 
to owner. 



Tjjabilitj" 
of dog 
owner. 

Penalty. 



Proviso. 
Training 
dogs. 



Selllnff. off- 
ering for 
sale, etc.. o» 
game-birds 
and game- 
animals. 



84 



GAME LAWS. 



Sale of 
wll4 water- 
fowL 



Flolmtlonfl. 
Mlk or 

d«ttT. 

Penaltj. 



Babbits, 

hares.saotr. 

rela. 



V^lolatloQfl. 

Buff«d- 
fnue. wild- 

woodcock, 
ph«aaant, 
qoall. 

Penalty. 

Wild water- 
fowl. 

Penalty. 
Pjwflse. 

■Ik oi 

leer. 

Birds. 



tured in a wild state in this Commonwealth ; or to 
buy or sell or barter, or attempt to buy, sell or bar- 
ter, or have in possession for sale or barter, any rufEed 
grouse, commonly called pheasant, or any wild-tur- 
kpy, or any woodcock, or any quail, commonly called 
Virginia partridge, that shall have been killed or cap- 
tni'cd in a wild state, either within or without the 
boundaries of this Commonwealth ; and no person 
shall sell or barter, or offer to sell or barter, or have 
in possession for sale or barter, any wild duck or any 
wild goose, or any other bird of the kind commonly 
known as wild water-fowl, that has been eitht*r killed, 
taken, or captured in a wild state in this Common- 
w<'alth, or that may have been brought into this 
Comnionw«'alth botwoen the first day of January and 
the first day of September of each year. 

Any person who shall violate any provision of this 
section relative to the purchase or sale or barter of 
elk or of deer shall be liable to a penalty of two hun- 
dred dollars for each elk, or part thereof, bonglit or 
sold ; or had in possession for sale, or bartered for 
and one hundred dollars for each deer, or part there- 
or, bought, sold, or had in possession for sale, or 
barttM-ed for, and any person who shall violate any 
provisions of this section relative to the purchase or 
sale or barter of rabbits or hares or squirrels shall be 
liable to a penalty of ten dollars for each animal 
bought, sold, or had in possession for sale, or bar- 
tered for. 

Any person who shall violate any provision of this 
section relative to the purchase or sale or barter of 
ruffed grouse or of wild-turkey or of woodcock or of 
quail or ring-neck pheasants shall be liable to a pen- 
alty of twenty-five dollars for each bird, or part there- 
of, bought or sold, or had in possession for sale, or 
bartered for, or in any way had in possession or 
handled, contrary to this section. ' 

Any person in any way violating this section rela- 
tive to the sale or attempt to sell wild water-fowl 
shall be liable to a penalty of ten dollars for each 
bird in any way handled contrary to this s(H?tion : 

Providing, That nothing in this section shall be con- 
strued to prevent the purchase or sale, or introduc- 
tion into this State, at any time, of either elk or deer 
or rabbits or squirrels, or birds alive, for propagating 



GAME LAWS. 



80 



purposes, that have been inspected and legally passed 
by a representative of the Livestock Sanitary Board 
of the Department of Agriculture, as before provided 
for in this act., &r to prevent, at any time, the sale 
within the State, or the shipment out of the State, of 
Belgian or German hare, or of any other aninial 
raised in captivity but not found in a wild state in 
this Commonwealth, without a license of any kind : 

Provided also, That nothing in this act is intended 
to prevent the sale of game killed in a wild state dur- 
ing the open season for such game, and for thirty 
days thereafter, that is of a kind the sale of which is 
not specifically forbidden or limited by the provisions 
of this act. 

Section 28. Except as otherwise provided by this 
act, it shall be unlawful for any person to have in his 
possession, excepting during the open season therefor 
and for thirty days thereafter, any ruffed-grouse, com- 
monly called pheasant, any English, Monogolian, or 
Chinese pheasant,, any quail, commonly called Vir- 
ginia partridge, any wild-turkey, any woodcock, any 
Hungarian quail, or any elk, or deer, or bear, or 
hare, or rabbit, or squirrel, or any other game-bird 
or game-quadruped protected by this act, or parts 
thereof, which shall have been caught, killed, or taken 
in a wild state within this Commonwealth. Any per- 
son violating any provision of this section shall be 
liable to a penalty of one hundred dollars for each elk, 
and fifty dollars for each deer, and twenty-five dollars 
for each bear, and ten dollars for each game-bird of 
any kind, and five dollars for each hare or rabbit, or 
gray or black or fox squirrel, or for any part there- 
of, which shall have been lawfully taken or killed in 
a wild state within this Commonwealth, and unlaw- 
fully held contrary to the provisions of this section. 
Section 29. The possession by any person, except 
as provided for in this act, of a living or dead bird 
or animal of any kind protected by this act, or the 
possession of any part thereof, or of the pgg; or nest 
of any such bird, or of parts thereof, shall be prima 
facie evidence that the same was taken or held con- 
trary to the provisions of law ; and shall render each 
person in whose possession or under whose control 
the same shall have been found liable to the penalties 
imposed for violation of that provision of this act fix- 



Propacatlas 
pnrposea. 



Belxlaa 
hares. 



PtotUw. 

Lawful 
sale of 
same. 



Unlawfiri 
poflee«8l(Ha 
of (rame- 
blrdfl and 
game-anl- 
malSo 



Violatlona 
Penalties. 



Unla^rfni 
poBsesslon. 

BIrda or 
anlmaUl. 
Eg'ffg or 
nests. 

Primm 
facie 
erldenoe. 
Penalty. 



86 



GAME LAWS 



Lawful 
trapping 
of quail 
and ring- 
neck pheas- 
ants. 



Transpor- 
tation. 



Hunting, 
for wages 
or hire. 

Oiiifles. 
•Oniployer. 



Violations. 
Penalty. 



Rmployer. 
Penalty. 



Shipment 
of game 
within 
the State. 
Shipment 
of game 
of all 



ing a penalty for the killing of such bird or animal 
out of season, or of that provision fixing penalties for 
interfering with birds' nests, as the case may require. 

Section 30. It shall be lawful to trap quail, com- 
monly called Virginia partridge, or Hungarian quail, 
or ring-neck pheasant from the first day of December 
to the first day of April next following, for the pur- 
pose of keeping them alive during the winter, or for 
the purpose of separating a covey to increase the 
chances of propagation, but for no other purpose 
whatever ; and neitlier quail nor pheasants thus taken 
shall be transported from one locality to another lo- 
cality in this State, excepting by written permission 
of the President of the Board of Game Commis- 
sioners. All birds thus taken shall be liberated in 
the spring as soon as the weather w^jl permit. 

Section 31. It shall be unlawful for any person to 
kill game of any description for wages or hire, or in 
evasion of this provision ; and, to that end, it shall be 
unlawful for any person acting as guide to deliver, 
or in any manner cause to be delivered, to the benefit 
of his employer or the person he may be guiding, 
game of any description killed by him in this Com- 
monwealth ; or for the emploj^er of any employe, act- 
ing in the capacity of a guide, to receive game of any 
description killed by such employe or guide while in 
his employ. Any person who, acting as a guide or 
employe, shall violate this section, shall be liable to a 
penalty of two hundred dollars and six months' im- 
prisonment for each elk, and one hundred dollars for 
each deer, and twenty-five dollars for each game-bird, 
and ten dollars for each rabbit or hare or squirrel, 
be may kill and apply to the benefit of his employer ; 
and each employer accepting game of any description, 
killed by a person in his employ as a guide, shall be 
liable to a penalty of two hundred dollars and six 
jmonths' imprisonment for each elk, and one hundred 
dollars for each deer, and twenty-five dollars for each 
game- bird, and ten dollars for each rabbit or hare or 
squirrel, he may thus receive. 

Section 32. It shall be unlawful for any person to 
ship game of any description, or any part thereof, 
killed in a wild state in this Commonwealth, by parcel 
post ; and it shall be unlawful to ship or transport by 
express or as freight or baggage, or by common car- 



GAME LAWS. 



87 



Tier of any description or by automobile or vehicle of kinds by 
«.ny kind, any bird or animal, or part thereof, of the Parcel post 
kind commonly known as small game, killed in a 
wild state in this Commonwealth ; or for any common 
carrier to transport small game of any kind, from one 
point to another point in this Commonwealth, unless 
such small game is accompanied by the owner thereof, 
or is carried upon the same train or automobile or 
vehicle with such owner; and, where such game is of carriers 
a kind commonly known as small game, the same 
shall be carried upon the person, in the hunting coat 
or game-bag, or openly as hand-baggage, without 
cover, in such manner as to be easily seen and in- 
spected ; or, when carried in baggage or boxed for 
shipment, each package or box or receptacle of any 
description containing game shall have attached 
thereto a card or marker bearing in English the name 
of the person owing same, with the place of his resi- 
dence, the name of the county wherein such game was 
killed, and the number of each species of small game- 
birds or animals contained in said package. 

Where game of the kind commonly known as large 
game is shipped, the carcass shall in all instances have 
attached a card or marker, bearing the name and 
address of the owner, with the name of the county 
wherein same was killed. 

Where large game is cut up for shipment, each di- 
vision thereof shipped uncovered, and each package 
of every description containing any part of such 
game, shall have attached a card or marker, bearing 
in English the name of the owner of such game, with 
his home address, and the character of the contents 
of such package, so that such contents may be de- 
teimined by an outside inspection of such package: 
Provided, That no provision of this act relative to the 
shipment of parts of game within the Commonwealth 
shall apply to the shipment of that part of either a 
bird or animal, either legally or accidentally killed, 
that the holder thereof may desire to preserve as a 
trophy or as a specim'en, and shall send to a taxi- 
dermist within the Commonwealth for tanning or 
mounting, when the package is properly marked 
showing the contents thereof. 

Any person who shall transport or attempt to trans- Transpor 
port a game-animal or game-bird of any description, tatiou. 



absolutely 
prohibited. 

Shipment, 
otherwise. 



Common 



Accompanied 
by owner. 



Small ; 



Large game 



I^faarker. 



When cut 
up for 
shipment. 

Marker. 



Proviso. 



Trophy or 
specimen. 



88 



GAME LAWS, 



Penalty. 



Penalty. 



Bhipment 
or reraoral 
of game 
from the 
State. 



Common 
carriers, 
•tc. 



Violation. 
Penalty. 



PtotIbo. 



Game In 
transit. 



Game 
carried 
out of 
State to 



or part thereof, contrary to any provision of this sec- 
tion, shall be liable to a penalty equal in amount to 
the penalty imposed by this act for the killing of such 
animal or bird during the close season ; and every 
person, acting for himself or for another, or as the 
agent of a common carrier, who shall knowingly or 
negligently receive game for transportation contrary 
to the provisions of this section, shall be liable to a 
penalty of twenty-five dollars for each offense. 

Section 33. No person shall at any time transport 
or ship or remove or cause to be transported or 
shipped or removed, out of this State, any game 
animal or game bird or wild bird protected by this 
act; or shall catch, take, or kill, or have in his pos- 
session or under his control, any of the game-birds or 
gam(»-;niimals or wild biids of this State, the killing 
of which at any or all times is prohibited by the laws 
of this State, with intent to allow or aid in tJie ship- 
ment or removal thereof out of this State; and ex- 
cepting as provided for in this act, it shall be unlaw- 
ful for any person acting in the capacity of a com- 
mon carrier, or as the oi)orator of an automobile, or 
in control of a vehicle of any kind, to knowingly 
receive for transportation or transport, or remove or 
aid or assist in removing, beyond the limits of the 
State, any of the wild birds or game-birds or game- 
animals mentioned in this act. Whoever shall of- 
fend against any provision of this section shall be 
liable to a penalty of two hundred dollors and six 
months' imprisonment for each elk, and one hundred 
dollars for each deer, and twenty-five dollars for each 
game-bird, and ten dollars for each rabbit or hare or 
squirrel, or part thereof, either carried or attempted 
to be carried out of the State in violation of this 
section: Provided, That nothing contained in the 
laws of this Commonwealth shall be held to impose 
any penalty upon the transportation of game in un- 
broken packages, in transit through this State from 
another State ; or to the shipiYient out of the ^ State 
at any time, of game legally killed or taken in an- 
other State, whether the same be in original pack- 
ages or otherwise ; and no penalty shall attach, in 
any way when game legally killed in this Common- 
wealth is delivered, in good faith, to an express com- 
pany or other common carrier for transportation 



GAME LAWS. 89 

from one point to another point in this State, and is reach destl- 
accompanied by the owner thereof, and actually de- f^^\^' "^*^* 
livered at the point of destination within this State, state 
if necessarily carried owt of this State to reach its 
destination : And provided further, That any non- Proviso, 
resident licensed hunter in ay take with him person- Non-resident 
ally, when leaving the State, in manner prescribed by licensed 
that law controlling the shipment of game from one bunter may 
point to another point in this Commonwealth, rela- ^j^ ourof* 
tive to the tagging of game, any of the game-animals state. 
or game-birds, except wapiti or elk, that such licensee Tagging. 
has lawfully taken or killed, not exceeding during the Quantity, 
season the number that any one person may lawfully 
take or kill in any one day. 

Any person violating this section, relative to the Violation, 
carrying or transportation of game out of the State 
by non-residents, shall be liable to a penalty, for each 
animal or bird taken or attempted to be taken out of 
the State, equal in amount to the penalty now im- Penalty, 
posed by law for the killing of such animals or bird 
during the close season, and, in addition, shall be 
denied the right to hunt in this State for a period 
of five years from the date of his offense, under a 
penalty of twenty-five dollars for each day such per- 
son may hunt contrary to this provision. 

Section 34. Each magistrate, justice of the peace, Summary 
and alderman shall have the power of summary con- conviction 
viction in matters pertaining to violation of any of 
the provisions of this act. All actions for violation Actaoni. 
of any of the provisions of this act, except where the 
defendent is taken in the act of violaf ng the law, or 
in a pursuit immediately following such violation, 
shall be commenced by affidavit made within two years Affidavit, 
after the date of such violation ; and any magistrate, 
justice of the peace, or alderman in this Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby author- 
ized and required to issue his warrent, under his Wan-anti. 
hand and spal, directed to any constable, police officer, 
game-protector, or any officer of the Commonwealth 
whose duty It is to protect the game and vrild birds 
of the Commonwealth, and cause such person to be 
brought before him, such magistrate, justice of the 
peace, or alderman, who shall hear the evidence and Hearing. 



90 



GAME LAWS 



Sentence. 



I'enalties . 
Disposition 
of when 
f^alaried offic 
er Is proso- 
cator. 



r>Isposition 
of when 
of'or than 
salaried of- 
ficer Is 
prosecutor . 



Statement. 



DntT of Sor- 
retary of th« 
board. 



Separate 
fubd. 



Appeals . 



cietermine the guilt or innocence of the person ac- 
cused ; and , if such person be convicted of the of- 
fense charged, he shall bo sentenced to pay the full 
penalty prescribed by the section violated, together 
with the costs of prosecution. 

All penalties thus recovered, in cases where the 
prosecutor is a salaried officer of the Commonwealth, 
shall be im^mediately surrendered by the court receiv- 
ing the same to the prosecutor, who, in turn, as soon 
as may be, shall forward or deliver such amount in 
full to the Secretary of the Board of Game Com- 
missioners, at Harrisburg. 

Where any citizen of the Commonwealth other than 
a salaried officer is the prosecutor, one-half of any 
penalty thus collected shall be paid to such pro- 
secutor by the court receiving the same ; and the 
remaining one-half shall be, as soon as the ^case is 
fully determined before him, foi-warded by such 
magistrate, justice of the peace, or alderman to the 
Secretary of the Board of Game Commissioners, at 
Harrisburg, together with a statement of the cause 
for which such money shall have been collected, the 
cost of which statement is hereby fixed at fifty cents 
and mado a ))nrt of the costs of prosecution. 

It shall be the duty of said Secretary of the Board 
of Game Commissioners to, at least once a month, 
make return of all moneys officially received by him 
to the State Treasurpr, who shall keep the moneys 
thus collected as a fund separate and apart, solely 
for the purpose of wild bird and game protection, 
and for the purchase and propagation of ganie under 
the supervision of thp Board of Game Commissioners 
of the Commonwealth of Pennsylvania, and for the^ 
payment of bounties under the provisions of law. The 
several purnosos to which the fund, so received by 
the State Treasurer, shall be applied to be clearly 
designated by an act of the Legislature, either in the 
general appropriation act or by separate appropria- 
tion. 

Either the prosecutor or defendant beCng dissatis- 
fied with the finding of the magistrate, justice of the 
peace, or alderman, in a trial for a violation of any 
provision of this act, shall be outithnl to an appeal 
under the provisions of section fourteen of article 



GAME LAWS, 



91 



five of the Constitution, and the laws of Pennsyl- 
vania relating thereto. 

On the conviction of the defendant of such offense, 
and his failure to pay the penalty in full imposed by 
this act, together with the costs of prosecution, the 
court hearing the case shall commit such defendant 
to the common jail of the county for one day for each 
dollar of penalty imposed : Provided, That any per- 
son caught in the act, or charged with a violation of 
any prov'sion of this act, may, at his discretion, 
either before or after the bringing of the suit, sign an 
acknowledgment of the offense committed, and pay to 
any duly authorized Game-Proteetor or Deputy 
Game-Protector the penalty in full, as fixed by the 
section violated, together with costs, if any, to date; 
and the receipt which he shall receive therefrom, and 
which in all instances shall bear the imprint of the 
seal of the Board of Game Commissioners and the 
signature of its Secretary, shall be evidence of full 
satisfaction of the offense committed. 

..Section 35. The following acts and parts _^of acts 
of Assemblv are absolutely repealed ; namely,—**** 

Act of Mav 1, 1909 (P. L. 325) : Act of April 6 
1911 (P. L. 49) : Act of June 3. 1911 (P. L. 653) 
Act of June 15. 1911 (P- L- 957) ; Act of March 21 
1913 ^P- L. 8)-: Act of April 2. 1913 (P. L. 33) 
Act of April 18. 1913 (P. L- 99) ; Act of April 22 
1913 (P L. 108) : Act of May 1. 1913 (P. L. 137) 
Act of Mav 9, 1913 fP- L- 193) : Act of April 
15. 1915 (P. L. 131) ; Act of Ani^'^ 15. 1915 (P. L. 
133) : Act of April 21. 1915 (P- L- 146)- * * * * 

All other acts and parts of acts inconsistent with 
this act are repeale<J. Tlie repeal of any of the afore- 
said acts of Assemblv shall not affect any nrosecu- 
tion pending at the date of the passage of this act, 
nor prevent the institution of any prosecutions for 
violations of any of the prov?*sions of the aforesaid 
acts committed prior to the passage of this act; but 
all such pending prosecutions shall be terminated, 
and all such violations shall be prosecuted, in the 
same manner and under the same authority and with 
Ike effect as prior to the passage of this act. 

Section 36. The provisions of this act shall be sev- 
erable, and if any of the provisions shall be held to 
be unconstitutional such decision shall not affect the 



Commit- 
ruents . 
Proviso . 



Acknowledg- 
Tuent of of- 
fense. 



Receipt . 



UepealR. 



Ooneral re- 
peal. 



Prosecution. 



Provisions 
shall be ser- 
erable. 



02 



GAME LAWS. 



validity of any of the remainfng provisions of this 
act. 

Approved — The 7th, day of June, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



May 38. 

1910. P. L. 
170. 



KOTlOfU 

auilmalB . 
Bonn ties 
for kUUng. 

WUdcat. 

Wox. 

Weasel. 

E>rocedure 

to Bccure 

bonnty. 



Production 
ef animal 
•T pelt. 



AffldaTlt 



r«e for afll- 
teTit 



BOUNTY LAW. 

An act creating a reward or bounty for the destruc- 
tion of certain noxious animals killed within the 
Commonwealth of Pennsylvania ; providing a method 
for the payment of the seme ; and providing the 
method of furnishing evidence of said destruction, 
and penalties for the violation of the several pro- 
visions hereof. 

Section 1- As amended by Act of April 1st, 1921, 
P. L.— 

Section 1. Be it enacted, &c., That a reward or 
bounty shall be pad by this Commonwealth for the 
killing^ within the Commonwealth only, of the follow- 
ing noxious animals ; For each Canada or bay lynx, 
commonly called bobcat or wildcat, the sum of eight 
dollars ; for each fox, the sum of two dollars ; for each 
weasel, the sum of one dollar and fifty cents;* * * 
Section 2. It shall be the duty of* any person who, 
having killed within this Commonwealth one or more 
of the an. mals named in section one of this act, and 
being desirous of securing the reward or bounty 
named for such killing, as fixed by section one of this 
act, to produce such slain animal or animals, or the 
entire pelt thereof, before any game protector, or 
special deputy game protector, or any other person 
authorized to administer oaths, wthin this Common- 
wealth, and to make affidavit that he or some other 
member of his family, naming such person, killed the 
same (naming it), stating clearly the approximate 
time of such killing, that it was killed in a wild state, 
that the place where such animal was killed (naming 
it) was within the Commonwealth of Pennsylvania, 
and that such animal was not reared in captivity. 

Upon the production of such an/mal or pelt before 
any person authorized to take affidavits under the 

•Mink taken from bounty list by fur-bearing law, page 116. 



GAME LAWS 



98 



provisions of this act, such official shall prepare his 
statement in accordance with the provisions of this 
act, and such official shall include in one affidavit all 
claims for bounty that may be made by one person, 
at one time, not to exceed five, and shall, excepting 
in the case of a salaried game protector, receive, in 
full for services rendered, a fee of twenty-five cents 
(25c) where but one animal is named in such affi- 
davit : where more than one animal is named in one 
affidavit, the fee shall be fifty cents (50c) ; such fee 
in all cases to be paid by the claimant for bounty- 
The affidavit shall preferably be made upon forms to 
be provided by the Board of Game Commissioners on 
demand made by any person authorized to take affi- 
davits within this Commonwealth ; and all affidav.'ts 
of this character shall, in all cases, clearly set forth 
the name of the animal killed for which a bounty is 
claimed, the name of the person killing same, the ap- 
proximate time when such anmal was killed, that it 
was killed in a wild state, giving as nearly as possi- 
ble the name of the place and county within this 
Commonwealth where same was killed, and that such 
animal was not reared or held in captiv'ty. 

Upon the completion of such affidavit and the pay- 
ment of the fee as above states!, the game protector 
or other person administering the oath shall, with- 
out splitting the face or otherwise multilating the 
skin as otherwise provided in this act, deliver said 
affidavit and skin or pelt brought before him to the 
claimant for bounty, who shall, as soon as may be, 
forward such affidavit and the unmultilated skin or 
pelt of the animal or animals for the killing of which 
a bounty "s claimed and named in such affidavit to 
the Secretary of the Board of Game Commissioners 
at Harrisburg- 

Section 3- Upon the receipt of such affidavit and 
skins or pelts in proper form, the Secretary of the 
Board of Game Commissioners, being satisfied that 
tke skins or pelts presented to him are the skins or 
pelts of animals for the killing of which a bounty is 
offered by this act, and that such claims are in all 
respects legitimate, shall split the face of the skin 
from between the eyes through the end of the nose; 



AffidaTlt. 



Duty of 
offlclal. 



Dellrery of 
pelt and 
affldaTit to 
claimant. 



ForvFardln* 
of affldaTit 
to Board of 
Game Com- 
mlBfiloners. 

Duty of JB6» 
retair of 
board. 



MutUAtlOB 

of pelt 



94 



GAME LAWS, 



Forwarding 
of cbeck 
and pelt. 

to claimaut. 



AcoountiiLg 
with Auditor 
Geueral. 



Requisitious 
of State 
Treasurer. 



Bond. 



WariHut* 



Fund for 
payment of 
bounties. 



Act of April 
17. 1913 (P. 
L. 85). 



and shall as quickly as may be, forward his check to 
the claimant tor the amount found to be due, and 
shall return all such skins or pelts, at the expense 
of the bounty fund, to such address as the owner may 
direct ; and shall, at least once a month, render an 
accounting to the Auditor General, in such form as 
he may prescribe, of all claims paid, giving the name 
and address of the payee, the number of the check 
given, and the amount so paid- 

For the purpose of this authority, the Secretary of 
the Game Commission is hereby empowered to make 
requisition upon the fund in the State Treasury des- 
ignated by law as the Bounty Fund, and to secure 
through a warrant of the Auditor General, such an 
amount monthly from such fund as may be consid- 
ered necessary to meet the demands that may be 
made for bounty during the succeeding month. The 
bond of the Secretary of the Game Commission shall 
be in such amount as to cover the amount of cash 
in his hands at any time. 

Section 4. The Auditor General, upon presenta- 
tion to him of the requisition of the Secretary of the 
Board of Game Commissioners, shall draw h's war- 
rant upon the State Treasurer against the fund, here- 
inafter desijrnated, roooivod from the hunters' license 
fees, fines, penalties, and other laws of this Com- 
monwealth, as set out in the fifth section of this act 
of Assembly, and hereinafter designated, "Fund for 
the Payment of Bounties." 

Section 5- Pursuant to section twelve of the act 
of April seventeenth, one thousand nine hundred and 
thirteen (Pmnphlet Laws, eighty-five), providing for 
the licensing of hunters, which provdes, "It being 
specifically provided that fifty per centum of any fund 
returned to the State through or because of the pro- 
visions of this act, or so much of said fifty per cen- 
tum as may be needed, shall be applied by the Leg- 
islature at its biennial sessions to tthe payment of 
bounties," — one-half of the said sum hereafter re- 
ceived from all hunters' license fees, fines, and pen- 
alties, under the provisions of said act of Assembly, 
and all other fines and penalties set apart under any 
other laws of this Commonwealth for the payment of 
bounties, are hereby directed to be placed by the 
State Treasurer ''n a separate and special fund, to be 



GAME LAWS 



95 



designated and known as "Fund for the Payment of 
Bounties" ; and all the mooneys placed in said fund 
are declared to be available as soon as paid into the 
State Treasury, and are hereby specifically appropri- 
ated for the payment of the bounties as provided by 
this act; and the Auditor General shall charge 
against the said fund all the warrants drawn by him 
for the payment of bounties; and the State Treas- 
urer is directed to pay out of said fund all of the 
warrants so drawn by the Auditor General in favor 
of the Secretary of the Game Commission: Provided, I'roviso. 
That the office expenses, clerk hire, postage, et cetera, 
necessary to the performance of the extra duties im- 
posed by this act upon the Board of Game Commis- 
sioners, shall be a charge against the fund created 
by this act, and shall be paid, upon requisition of 
the secretary of said board, and in the sapie form 
and manner as requisitions for bounty are paid : Pro- proviso. 
vided further, That any moneys so placed in this 
fund and not needed under the provisions of this act. 
shall be used solely for the purpose of wild bird and 
game protection, under the supervision of the Board 
of Game Commissioners, in the same manner as 
other moneys held separate and apart for such use- 
Section 6- Tlie game protectors and special dep- Oaths. 
wtj game protectors of the Commonwealth of Penn- 
sylvania are hereby authorized and empowered to ad- 
minister the oath necessary to the proving of the 
claims made, as pro^nded by section two of this act, 
but no charge for administering such oath is to be 
mnde by any salaried game protector: Provided, 
That special deputy game protectors shall supply 
seals at their own expense for such work. 

Section 7. It shall be unlawful for any person, at prohibitic 
any time, to collect, or to attempt to collect, a boun- 
ty for the killing of any animal named in thvs act. 
the front of the face of which is split before nresen- 
tation to the persons authorized to take affidavits 
under the provisions of this act ; or to, at any time, 
collect, or attempt to collect, a second bounty for the 
killing of any animal under the provisions of this 
act; or to collect, or to attempt to collect, such 
bounty through the presentation of the skin or car- 
cass, or any part thereof, of any animal not named 



9e 



GAME LAWS, 



Misdemeanor. 
Penalty. 



Act of April 
15, 1915 (P. 
L. 126). 

clteil tor 
repeal. 



Pending 
proscutions. 



Acts previous 
ly committed 



in this act, or through deception of any character; 
or to present, for the purpose of securing the bounty 
provided for by this act, the skin or carcass, or any 
part thereof, of an animal that has been reared or 
held in captivity, or the skin or carcass, or any part 
thereof, of any animal killed or captured outside of 
this Commonwealth. Every person vi^ho shall wil- 
fully or fraudulently collect, or attempt to collect, 
any reward or bounty provided for by this act, to 
which he or tliey are not legally entitled under the 
provisions of this act; or shall aid or abet or assJtsrt, 
in any capacity, ofRcial or otherwise, in any attempt 
to defraud the State through the collection or pay- 
ment of any reward or bounty provided for by this 
act, shall be gu;lty of a misdemeanor, and, upon con- 
viction thereof, shall, in addition to the penalty that 
may be imposed for perjury where a false affidavit is 
made, be sentenced to pay to the Commonwealth of 
Pennsylvania a fine of not loss than one hundred 
dollars or more than five hundred dollars ; or, in de- 
fault of the payment the.reof with costs, shall suffer 
an imppsonment, in the common jail of the county 
in which the affida\nt is made, for a period of one day 
in jail for each dollar of fine imposed and unpaid- 
Section 8. An act entitled "An act creating a re- 
ward or bounty for the destruction of certain noxiou§ 
animals killed within the Commonwealth of Pennsyl- 
vania ; providing a method for the payment of the 
same ; and prov'ding the method of furnishing evi- 
dence of said destruction, and penalties for the vio- 
lation of the several provisions hereof," approved the 
fifteenth day of April, one thousand nine hundred 
and fifteen (Pamphlet Laws, one hundred and twen- 
ty-six), is hereby repealed- 

' The repeal of the aforesaid act of Assembly shaU 
not affect any prosecutions pending at the date thifl 
act becomes effective, nor prevent the institution of 
any prosecution for violation of any provisions of the 
aforesaid act committed prior to the date this act be- 
comes effective, but all such pending prosecutions 
shall be terminated, and all such violations shall be 
prosecuted, in the same manner and under the same 
authority and with like effect as prior to the date 
this act becomes effective. 



GAME LAWS. ^ 

Section 9. The provisions of th's act shall be ef- J^ «*" 
fective on and after the lirst day of June, one thou- 
sand nine hundred and nineteen, and not prior to 
that date. 

Approved-The 23rd day of May, A . D.^1919.^ 



ABATEMENT OF PENALTIES- 

An act providing a method for the abatement of the Maj 23. 
penalty as fixed by law for killing by mistake a ^l^-^- ^- *^ 
deer or an elk in this Commonwealth- 
Section 1. Be it enacted, &c., That from and after ^^^ ^^^ ^ 
the passage of this act, each individual who may by 
mistake kill either an elk or a deer in this Common- 
wealth, contrary to any law of this Commonwealth, ^'g'^g^^ 
shall have returned to him one-fourth of the penalty 
imposed by law for such offense and actually paid Abatement 
by him to a legally authorized representative of the "^ v^^^^^-j- 
Commonwealth, if such individual, to the best of 
his ability, dress and hang up the carcass of the am- Preparatton 
mal so killed, and shall, within twenty-four hours «^ carcass, 
after such killing, make report of the wrong done to 
either a justice of the peace or a game protector or authormee. 
a representaf ve of the Department of Forestry, in 
the neighborhood where the offense was committed, 
and shall give to such person definite information re- 
garding the place where such carcass may be found, 
and shall, within the same period of twenty-four 
hours after such killing, forward to the Board of 
Game Commissioners at Harrisburg a statement in 
writing, under oath, explaining when and where and 
how such mistake was made. 

Section 2. Said one-fourth of the penalty, imposed Time of 
by law and paid into the hands of the Board of Game retymd. 
Commissioners at Harrsburg, shall be returned to 
the said individual as quickly as possible after the 
said board is satisfied that said killing was by mis- 
take and was not mtentional- 

Approved— The 23rd day of May, A. D. 1919. 

WM. O. SPROUL. 



98 



GAME LAWS 



June 20th, 
191», P. -L. 
533. 



G-ame-pre- 

serves. 



Aquisitieu 
of land for. 



Adjacent 
land. 



Lands from 
whick min^^ 
als are ex- 
cepted. 

Approval 
of GaiiM!- 
Ownmissipfi - 
ers or C«ii- 
serratiott 
Commission. 



Title and 
control of 
land. 



Price. 
Amonut. 



PURCHASE OF LANDS FOR GAME 
PRESERVES. 

An act authorizing" tlie Board of Game Commission- 
ers or the Conservation Commission to acquire, 
through purchase or gift, lands for game-preserve 
purposes. 

Section 1. Be it enacted, &c., That the Board of 
Game Commissioners or the Conservation Commis- 
sion of the Commonwealth be, and hereby is, author- 
ized to acquire through purchase or gift, suitable 
land whereon State game-preserves may be located 
and maintained perpetually in the manner provided 
for by an act, approved the sixteenth day of April, 
one thousand nine hundred and fifteen (Pamphlet 
Laws, one hundred and thirty-five), entitled "An act 
providing for the establishment, regulation, and 
maintenance by the Board of Game Commissioners of 
State game-preserves on the forestry reservations and 
elsewhere, and pro\'iding penalties for violation of 
this act." The Board of Garae Commissioners or 
Conservation Commission is also authorized to pur- 
chase land adjacent to land on which game-preserves 
are located or to be located, and purchase or erect 
such buildings as may be deemed necessary properly 
to maintain and protect such game-preserves. The 
land which may be purchased hereunder shall include 
land from which underlying minerals are excepted or 
have been excepted or conveyed, and land subject to 
the right to mine such minerals. 

Section 2. No land shall be purchased under the 
provisions of this act unless at the direction of a 
majority of the Board of Game Commissioners or the 
Conservation Commision. In any purchase the 
president of the Board of Game Commissioners or 
the Conservation Commission shall represent the 
board . 

Section 3. The title to any such land shall be 
taken by the Board of Game Commissioners or th"ft 
Conservation Commission in the name of the Com- 
monwealth, and, when so acquired, the entire control 
of such land shall be under the direction of the Board 
of Game Commissioners or the Conservation Com- 
mission . 

Section 4. No land shall Be purchased at a price 
exceeding ten dollars per acre, excepting in cases 
were buildings or cultivated lands are included in 



GAME LAWS. 99 

tho survey or are deemed necessary to the proper 
maintenance of the lands desired, in which case the 
Board of Game Commissioners or the Conservation 
Commission are authorized to use their discretion re 
garding the price to be paid, nor shall the Board of 
Game Commissioners or the Conservation Commis- 
sion expend for the purchase of such lands an amount 
in excess of fifty thousand dollars per annum, ex- 
cepting for the first year after the passage of this 
act, during which time one hundred thousand dollars, 
if necessary, may be expended. The purchase price Payment. 
of any such land shall be paid from the Resident 
Hunters' License Fund, All payments for any such 
land shall made by checks drawn by direct requi- 
sition on the Resident Hunters' License Fund, and 
all accounts relative to the purchase of any such 
lands shall be audited by the Auditor General in the 
same manner as other accounts of the Board of 
Game Commissioners arc now audited. 

Section 5. Any land, when so acquired, shall be xjse of land 
used for the purpose of creating, protecting, and 
maintaining perpetually a game-preserve. Such lands Taxation. 
shall be exempt from the payment of all taxes, except 
such taxes as apply to and are imposed upon State 
forests- All taxes assessed against such land shall 
be paid by the Board of Game Commissioners or the 
Conservatt'on Commission from the Resident Hunt- 
ers' License Fund- 

Approved— Tho 20th diiy of June, A. D- 1919. 

WM. C- SPROUL- 



AUXILIARY GAME REFUGE LAW. 

An act providing for the establishment of AuxiliaiT juiy 21 st, 
State Game Preserves. 1919, p. l. 

Section 1. Be it enacted, &c.. That hereafter, i^^^- 
whenever the owner or owners or the person in con- gt^e'^JJnie 
trol of suitable lands of a total of not less than two preserve."' 
hundred and fifty acres nor more than four thousand 
acres, shall desire to have said lands set apart as a 
city of refuge for game and wild birds, they shall 
petition the Board of Game Copimissioners or the Petition of 
Conservation Commission of this Commonwealth, de- ^^"^ owner*, 
daring their desires, and setting forth in said peti- 



100 



GAME LAWS. 



Contents. 



tnrftstlgatlon 
Board of 
ap- • «''om- 
■iMlonar 

t i»ii.- , . atioin 
Commission. 



Agreement 
with land 
owners. 



Fenctnx 
Notices. 



thSeot^ ^"^^^'^^ ""^ '^'^ ^^°^'' ^^^ ^ description 

.ro^of ^j""" ^\ "^M? petition of those desiring to have 
nnr. nf ??' ^"^^^^^^^ State Game Preservf S any 
part of this Commonwealth shall state clearly that 
the owner or owners or persons in control of such 
lands are willing to vest in the Commonwealth ^ 
right to hunt upon said lands, either without chargi 
or remuneration or for such rental as may be agreed 
upon between them and the Board of Game Commis- 
sioners or the Conservation Commission for the use 
of such property; that they, the contracting party 
or parties of the first part, agree that neither they, 
their families, their agents, their tenants, nor any 
other persons, shall hunt thereon, by and with their 
authority; and that they wiU make every effort to 
protect said preserve from hunting, and from vio- 
lations of any nature. The petition shall set forth 
tHat all agreements therein shall continue in force for 
an uninterrupted period of not less than ten years, 
and such longer period as may be desired by the pe- 
titioners, and shall be indorsed by at least fifty quali- 
fied electors of the county wherein said lands may 
be locatr^d. and sliall be presented to said board or 
commission for their consideration and approval. 

Section 3. If upon investigation, said Board or 
Commission aforesaid is satisfied that such lands are 
suitable for the purpose mentioned, shall decide that 
the establishment of said Auxiliary State Game Pre- 
serve is advisable, they shall thereupon enter into an 
agreement in the form of a lease with those in con- 
trol of such property, and shall declare said lands, 
or any part thereof, an Auxiliary Game Preserve. 
They shall cause said lands, so designated as an aux- 
iliary State Game Preserve, to be surrounded by a 
single wire, as a marker, if same is not already sur- 
rounded by a suitable enclosure. They shall cause 
to be posted notices, not more than one hundred and 
fifty yards apart, along the border of such Auxiliary 
State Game Preserve. Such notices shall bf^ar at the 
head the words "Auxiliary State Game Preserve," 
followed by a plain statement that it is unlawful to 
trespass upon said lands at any time, or to hunt 
thereon, except for vermin under and by written per- 
mission of the Board of Game Commissioners or 



GAME LAWS, 



101 



Conservation <-3mmission. No Auxiliary State Game 
Preserve shall be established within a radius of five 
miles from a State game preserve or another auxil- 
iary State game preserve. 

Section 4. The Board of Game Commissioners or 
tne Conservation Commission is hereby empowered 
and authorized to formulate and have posted rules 
and regulation regarding the protection and preser- 
vation of game-birds and game-animals and song and 
insectivorous birds on such Auxiliary State Game 
t'reserve, as to them may appear best suited to se- 
cure the desired results, and such rules and regula- 
tions, so formulated and published by posters by said 
board or said commission as herein provided for, 
shall be the law of this com^raonwealth controlling 
such Auxiliary State Game Preserves. 

Section 5. The Board or Commission shall cause 
notice of their action declaring lands to be an Auxil- 
iary fetate Game Preserve to be advertised for at 
least one time each week, for three consecutive weeks 
m at least two newspapers of general circulation in 
the county wherein said Auxiliary State Game Pre- 
serve may be located, and shall also have a suitable 
notice published for at least two consecutive months 
in not less than two sportsmen's journals, if there be 
8o many published monthly in the State. 

Section 6. The said Auxiliary State Game Pre- 
serve shall thereupon be deemed to be a public State 
game preserve. AH violations of all rules and regu- 
lation adopted by the Board of Game Commissioners 
or the Oonservatin Commission to control Auxiliary 
State Game Preserves, shall be punishable under the 
same laws, rules, and regulations, and the same pen- 
alties be imposed for similar offenses, as now apply 
or shall hereafter apply to State Game Preserves. 

Section 7. The act, approved the twenty-ninth day 
of May, one thousand nine hundred and seventeen 
(Pamphlet Laws, three hundred and twenty-six), en- 
titled "An act providing for the establishment of aux- 
iliary State garae preserves," and all other acts or 
parts of acts inconsistent with the provisions of this 
act are hereby repealed: Provided, however. That 
the repeal of any act of Assembly relating to game 
preserves shall not affect any prosecution pending at 
the date of the passage of this act, nor prevent the 



Distance 
from other 
preserre. 



Rules and 
reflations. 



PubllcatioB 
in news- 
papers. 



Public St*t« 
game pre- 
serTcs. 



Act of May 
29th, 1917, 
(P. li. 32«) 

cited for 
repeal. 



Proviso. 
Repeal. 



102 



GAME LAWS, 



Fending 
prosecutions. 

Acts pre- 
riously com- 
mitted. 

Proviso. 



institution of any prosecutions for violations of any 
act committed prior to the passage of this act, but 
all such violations shall be prosocutf^d in the same 
manner and under the same authority and with like 
effect as prior to the passage of this act : Provided 
also, That any Auxiliary State Game Preserve cre- 
ated under the provisions of said act of May twenty- 
ninth, one thousand nine hundred and seventeen, 
shall continue under the provisions of this act in like 
manner and witli the same effect as thoncrh oroated 
under the provisions of this act. 

Approved— The 21st day of July, A. D. 1919. 

WM. C. SPROUL. 



GAME LAWS 



103 



An act relating to dogs, and the protection of livestock 
and poultry from damage by dogs ; providing for the 
licensing of dogs by the Secretary of Agriculture; 
providing for the enumeration of dogs by assessors ; 
regulating the keeping of dogs, and authorising 
their desti-uction in certain cases; providing for 
the protectioij of licensed dogs, and for dogs tem- 
porarily imported for trial, show, and breeding pur- 
poses ; prescribing certain privileges for hunting 
dogs, and dogs owned or used by the Board of Game 
Commissioners; providing for the assessment of 
damages done to bvestock' and poultry by dogs, and 
for the illegal killing of licensed dogs, and the pay- 
ment of such damages by the Commonwealth ; im- 
posing powers and duties on certain State, county, 
city, borough, town, and township officers and em- 
ployes; directing the payment of . all moneys col- 
lected into the State Treasury; and making an ap- 
propriation thereof; and providing penalties. 
Sectjon 1. Be it enacted, &c.. That this act shall 
be known and may be cited as the "Dog Law of 
1&21." 

Section 2. For the purpose of this act, the follow- 
ing terms shall have the following meanings respective- 
ly designated for each : 

The term "live stock" shall include horses, stal- 
lions, colts, geldings, mares, sheep, rams, lambs, 
bulls, bullocks, steers, heifers, cows, calves, mules, 
jacks, jennets, burros, goats, kids, swine, confined do- 
mesticated hares and rabbits. 

The term "poultry" shall include all domectic fowl. 
The word "person" shall include State and local of- 
ficers or employes, individuals, corporations, copart- 
nerships, and associations. Singular words shall in- 
clude the plural. Masculine words shall include tho 
feminine and neuter. 

The word "owner," when applied to the propriet- 
orship of a dog, shall include every person having a 
right of property in such dog, and every person who 
keeps or harbors such dog or has it in his care, and 
every person who permits such dog to remain oa or 
about any premises occupied by him. 



Act May 11, 
19::1,P.L. 



Dog Law of 
1921. 



Definitions . 



"Tjirestock.* 



'Poultry." 
'Person." 



'•Owiier. " 



'Kennel." 



♦This is not a game laAV, and is p\iblished only for infornia- 
tioTi of sportsm<-ii. 



104 



GAME LAWS. 



"PoUce Offl 
cers.'' 



Applncation 
for liconse. 



The term "kennel" shall mean any establishment 
wherein or whereon dogs are kept for the purpose of 
breeding, sale, or show purposes. 

The term "police officer" shall mean any person em- 
ployed or elected by this Commonwealth, or by any 
municipality, county, or township, and whose duty it is 
to preserve peace or to make arrests or to enforce the 
law. The terra includes State constabulary, game, 
fish, and forest wardens. 

Section 3. On or before the fifteenth day of Jan- 
uar3% one thousand nine hundred and twenty-two, and 
on or before the fifteenth day of January of each year 
thereafter, the owner of any dog six months old or 
over shall apply to the" county treasurer of his re- 
spective county, or to a qualified justice of the peace, 
alderman, magistrate, or notary public or his respec- 
tive district, either orally or in writing, for a license 
for each such dog owned or kept by him. Such appli- 
cation shall state the breed, sex, age, color, and mark- 
ing of such dog, and the name and address of the last 
previous owner ; and shall be accompanied by a 1 cense 
fee of one dollar for each male dog and each spayed 
female dog and by a liconse fee of two dollars for 
each unspayed female dog. The applicant shall also 
pay an additional fee of ten cents for the services of 
the county treasurer in issuing, recording, and report- 
ing said license to the Secretary of Agriculture and 
remitting fees and fines to the State Treasurer. 

Section 4. Such license shall be issued on a form 
prei)ared and supplied by the Secretary of Agriculture. 
Such license shall be dated and numbered, and shall 
bear the name of the county where such license is 
issued and a description of the dog licensed. All 
licenses shall be void upon the fifteenth day of Jan- 
uary of the following year. The Secretary of Agri- 
Ldcense t&gi culture shall also furnish, and the county treasurer 
shall issue, which each license, a metal tag. Such tag 
shall be affixed to a substantial collar. The collar 
shall bo furnished by the owner, and, with the tag at- 
tached, shall at all times be kept on the dog for which 
the license is issued, except when confined in the ken- 
nel. 

It shall be unlawful for rny person, except the own- 
er or authorized agent, to r* uove any license tag from 
a dog collar, or to remove any collar with a license tag 
attached thereto from any dog. 



Content*. 



!*•« 



License. 



Duration. 



Bemoral of 
tags. 



GAME LAWS, 



106 



Section 5. The Secretary of Agriculture shall pre- 
pare, and furnish annually to the treasurer of each 
county of the Commonwealth, metal tags to be given 
by the county treasurer to the owners of dogs when 
such owners shall pay the license fee for said dogs. 
Such tags shall be of metal, and shall bear the name 
of the county where such license s issued, and a serial 
number corresponding with the number on the license 
issued to said owner, as provided in the preceding 
section of tbis act. Such tags shall also have impressed 
thereon the calendar year for which such tag is valid, 
and shall not contain more than one square inch of 
area within the ears or fastening dev'ce. The general 
shape of said tag shall be changed from year to year. 
If any such tag is lost, it shall be replaced, without 
cost, by the county treasurer, upon application by the 
person to whom the original license was issued and 
upon production of such license certificate. 

Section 6. Any justice of the peace, alderman, 
magistrate, or notary public, within this Common- 
wealth, who has qualified by having applied to the 
county treasurer of his county for and received appli- 
cation forms, may take applications for dog licenses, 
for which sendee the applicant shall pay fifteen cents,, 
in addition to the license fee prescribed as the cost of 
sad dog license and the compensation of the county 
treasurer. Said fifteen cents shall be retained by said 
oflicial as his fee for taking such application and re- 
mitting payment therefor to the county treasurer of 
the county in which said dogs are locted. Such 
application and remittance shall be forwarded to the 
proper county treasurer within twenty-four hours for 
issuance of the license. No dog license shall be issued 
at any place other than the office of the county treas- 
urer. 

Section 7. Any person becoming the owner, after 
the fifteenth day of January of any year, of any dog, 
six months old or over, which has not already been 
licensed, or any person owning or keeping a dog which 
becomes six months old at any time after the fifteenth 
day of January of any year, shall forthwith apply for 
and secure, from the county treasurer of the county 
wherp such dogs are kept, a license for such dog, in the 
same manner as the annual license is obtained under 
the provisions of this act. If any dog becomes six 
months old or comes into the possession of the owner 



Secretary ot 
Agricultiare 
Bhall furnisli 
tags to ooun- 
ty treasureri 

Character ol 
tags. 



Lost tags. 



Wh<r may re- 
celre appli- 
cations for 
license . 



Fee. 



Who may 
Issue license! 



Who are re- 
quired to-pro 
cure licens- 
es. 



106 



GAME LAWS 



When licenc- 
es shall he 
issued. 



Transfpi- 
licensps. 



Possession 
dosr tempoi 
arily tmns- 
ferr(Hl. 



Removal <'f 
rtog to aiu'th 
er romity. 



Kci'n"! 
I,iii'ns<>s. 



Fee. 



Tags. 



after the fifteenth day of July of any year, the license 
fee shall be one-half of the amount fixed as the annual 
license. 

Section 8. The county treasurer shall issue licenses 
after January fifteenth of each year to all applicants. 
When any dog license is required by the provisions 
of this act to be secured on or before the fifteenth day 
of January, the securing of such dog license subsequent 
to January fifteenth does not remove the responsibihty 
for such delinquincy. 

Section 9. No license or license tag issued for one 
dog shall be transferable to another dog, except as pro- 
vided in sections eleven and tw^elve of this act. When- 
ever the ownership or possession of any dog is 
permanently transferred from one person to another 
within the same county, the license of such dog may 
be likewise transfered, upon notice given to the county 
treasurer. This act does not require the procurement 
of a new license, or the transfer of a license already 
secured, when the possession of a dog is temporarily 
transferred for the purpose of hunting game, or for 
breeding, trial, or show, in this Commonwealth.^ 

Section 10. Whenever any dog licensed in one 
county is permanently removed to another county, 
the county treasurer of the county where the license 
was issued shall, upon the application of the owner 
or keeper of such dog, certify such license to the 
treasureu of the county to which tlie dog is removed. 
Such treasurer shall thereupon, and upon the payment 
of a fee of twenty-five cents, issue a license and tag 
for such dog in the county to which it is re/moved. 

Section 11. Any person who keeps or operates a 
kennel may, in lieu of the licrnso for raeh dog required 
by this act, apply to the county treasurer for a kennel 
license entitl ng him to keep or operate such kennel. 
Such license shall be issued by the county treasurer, 
on a form prepared and supplied by the Secretary of 
Agriculture, and shall entitle the licensee to keep arty 
number of dogs six months old or over, not at any time 
exceeding a certain number to be specified in the li-. 
cense. The fee to be paid for each kennel license shall 
be five dollars for ten dogs or less, and ten dollars for 
more than ten dogs, permitted to be kept under the 
kennel licenses. With each kennel license, the county 
treasurer shall issue a number of metal tags equal to 
the number of dogs authorized to be kept in the kennel. 
All such tags shall bear the name of the county where 



GAME LAWS. 

it is issued, the number of kennel license, and shall be 
readily distm^ishable from the individual license 
tags for the same year. 

Section 12. The licensee of a kennel shall, at all 
t mes, keep one of such tags attached to a collar on 
each dog six mouths or over kept by him under a 
kennel license. Such tags may be transferred from one 
dog to another within the kennel whenever any dog is 
removed from the kennel. No dog bearing a kennel tag 
shall be permitted to stray or to be taken anywhere 
outside the limits of the kennel, except in leash or 

Section 18. Any person may bring, or cause to be 
brought, into the State, for ^ period of thirty days 
one or more dogs for show, trial, or breecfing purposes 
without securing such license. 

This section does not apply to dogs used duribg the 
hunting season for hunting game or temporarily for 
breeding, trial, or show, nor for the transportation of 
dogs for hunting, breeding, trial, or show purposes, 
heme county license holding §;ood for such purposes 
throughout the Commonwealth. 

Section 14. The county treasurer shall keep a 
record of all dog licenses and all kennel licenses and 
all ^transfers issued during the year. Such record 
shall contain the name and adress of the person to 
whom each license or transfer is issued. In the case 
of an individual license, the record shall also state the 
breed, sex, age, color, and markings of the dog licen- 
sed ; and, in the case of a kennel license, it shall 
state the place where the business is conducted. The 
record shall be a public record and open to persons 
interested during business hours. 

Whenever the ownership or possess on of any dog 
licensed under the provisions of this act is transferred 
from one person to another, as provided in section nine 
of this act, except the temporary transfer of dogs for 
hunting purposes or for breeding, trial, or show, such 
transfer shall be noted on the record of the county 
treasurer. 

Section 15. The county treasurer shall keep an 
accurate record of all license fees and fines collected by 
nim or paid over to him by any jusfce of the peace, 
alderman, magistrate, or notary public, and of all 
inoney received from the sale of dogs. Such record 
shall be a public record and open to persons interested 



107 



Attachment. 



'liMJis-fcr. 



Dogs brought 
into State 
temporarilv. 



Hunting, 
l)i-ee(iing , 
and >sho\v 
dogs . 



County trcas 
urer's record 



Transfers of 
clogs shall hi 
recorded. 



Record of fe 
fees" received 
'>y county 
treasurer. 



108 



GAME LAWS. 



■^K>rt8 to be 
mede by 
county 
treasurer. 



"Dof? fund." 



OlBPOSltlOD 

af fees and 
flEteii. 



AflBessors. 



Inquiry as 
to number 
of dogs. 

Report to 

Secretary of 
Agrrl culture. 



Hotiflcation 
to owners of 
dogs. 



rc«. 



during business hours. All such moneys received by 
the county treasurer shall be remittea to the State 
Treasurer on the first Monday of each calendar month, 
together with a report of each payor, on forms furnish 
ed by the Secretary of Agriculture. A duplicate copy 
of each report shall be furnished the Secretary of 
Agriculture at the time of making such rem ttance. 

Section 16. The State Treasurer shall establish a 
separate fund, to be known as the "Dog Fund," into 
which all moneys collected under the provisions of 
this act shall be paid, and from which all expenditures 
necessary in the carrying into effect the provisions of 
this act shall be paid. ^All moneys n the dog fund 
from time to time are hereby specifically appropriated 
to the Department of Agriculture for the purpose of 
carrying into effect the provisions of this act. All 
payments from the dog fund shall be made by the State 
Treasurer upon warrants of the Auditor General and 
upon the filing of itemized vouchers by the Secretary 
of Agriculture. 

On the thirtieth day of November of each year, the 
State Treasurer, upon requis tion of the Secretary of 
Agriculture, shall pay over to the general fund of the 
State Treasury all moneys remaining to the credit of 
the dog fund, with the exception of the sum of twenty- 
five thousand dollars, which amount shall remain in 
the dog fund. 

Section 17. The assessors for taxation purposes, 
in each township borough, town and city, shall an- 
nually, at the time of assessing property as roqu red by 
law, make diligent inquiry as to the number of dogs 
owned, harbored, or kept by each person in his dis- 
trict. 

The assessor shall, annually on or before the first 
day of January, make a complete report to the Secre- 
tary of Agriculture, on a blank form furnished by the 
Secretary of Agriculture, sotting forth the name 6f 
every owner of any dog or dogs, how many of each sex 
are by him owned or harbored. land, if a kennel is main- 
tained by any person, such fact shall also be stated. It 
shall be the duty of the assessor, at the time of making 
the enumeration, to notify the owner of such dog or 
dogs that he must obtain a license for the same as pro- 
vided for in this act, but the neglect or failure so to 
notify such owner shall not relieve the owner from his 
duty to obtain such licenses. For such service the 
assessor shall receive five cents for each name furnish- 



GAME LAWS. 



108 



ed the Secretary of Agriculture, to be paid from the 
'Dog Fund" by the State Treasurer, upon warrant of 
the Auditor General and approval of the Secretary of 
Agriculture. 

Section 18. On and after the fifteenth day of Jan- 
uary, one thousand nine hundred and twenty-two, it 
shall be unlawful for any person to own or keep any 
dog six months old or over, unless such dog is licensed 
by the treasurer of the county in which the dog is kept, 
and unless such dog at all times wears tthe collar and 
tag pro\dded for by this act, unless such dogs are 
temporarily brought into the State for breeding, trial, 
or show purposes. 

Section 19. It shall be the duty of every police of- 
ficer to seize and detain any dog or dogs which bear 
a proper license tag and which are found running at 
large, either upon the public streets or highways of the 
Commonwealth, or upon the property of other than the 
owner of such dogs, and unaccompanied by the owner 
or keeper. Any police officer is hereby authorized and 
empowered to go upon any premises and enter any 
building to seize and detain any dog or dogs which 
have been found running at large unaccompanied by 
the owner or keeper, when such police officer is in im- 
mediate pursuit of any such dog or dogs. 

It shall be the duty of every police officer to kill any 
dog which does not bear a proper license tag, which is 
found running at large. The chief of police or his 
agents of any city, the high constable of any borough, 
or the constable of any borough not having a high 
constable, and the constable of any incorporated town 
or township, shall cause any dog bearing a proper li- 
cense tag and so seized and detained to be properly 
kept and fed, and shall cause immediate notice, either 
personal or by registered mail, to be given to the per- 
soul m whose name the license was procured or his 
agent to claim such dog within ten days. The owner 
ot a dog so detained shall pay all reasonable expenses 
incurred by reason of its detention, under the pro- 
visions of this section, before the dog is returned. 

Section 20. If, after ten days from the giving of 
such notice, such dog has not been claimed, such chief 
oLFi^!l^^ ""^ H^ ^^u^''}' constable, or high constable, 
shall dispose of such dog by sale or by destruction iii 
tT\ iTv^^^ manner. No dog so caught and detain- 
ed shall be sold for the purpose of vivisection. All 
moneys denved from the sale of such dog, after de- 
ducting the expense of its detention, shall be paid to 



Licenses r*- 
quired after 
January 16, 
1921. 



Seizure of 
dogs mnniBS 
at large. 



KlUlng of 
imlicensed 
dogs runnlnf 
at large. 

DispositlOB 
of liceneed 
dogs selxed. 



Disposition 
of unclaimed 
dogs. 

Vivlsectloii. 
Money 

derlTed fnm 
Bale of dosa. 



110 



GAME LA'WS, 



Fees of 
ufficers. 



Expenses. 



Refusal of 
officer to 
l)orform 
duties. 



liiterl'eieiu'o, 
with oftir<M-. 

Talcing of 
(loas from 
officH'is. 



Killiii!.' of 
<logs annoy- 
iT\jr llvcstocli 
etc. 



Killing of 

trespassing 

dogs. 



Licensed 
dogs. 



Larceny of 
dogs. 



Killing of 
licensed dog« 



the county treasurer, and by him paid to the State 
Treasurer. For services under section nineteen and 
twenty of this act, such officers shall be paid the sum 
of two dollars for detaining a licensed dog, and the 
sum of two dollars for the killing and properly dis- 
posing of carcass of each unlicenced dog by crema- 
tion, burial, or other approved sanitary method. All 
expenses, incurred under this or the preceding section 
and not otherwise provided for, shall be paid by the 
State Treasurer, from the fund specifically provided for 
by this act and appropriated for this purpose, upon 
warrant of the Auditor General and approval of the 
Secretary of Agriculture. 

Section 21. It shall be unlawful for any police 
officer to fail or refuse to perform his duties under the 
provisions of this act, or to refuse to assist in the en- 
forcement of this law upon request of the Secretary 
of Agriculture. 

It shall be unlawful for any person to interfere with 
any officer or agent in the enforcement of this law. 

It shall be unlawful for any person to forcibly cut 
the leash or take a dog away from such officer having 
it in his possession, when found running at large un- 
accompanied by the owner or keeper. 

Section 22. Any person may kill any dog which he 
sees in the act of pursuing, worrying, or wounding any 
live stock, or wounding or killing poultry, or attacking 
human beings, whether or not such dog bears the 
license tag required by the provisions of this act. 
There shall be no liability on such persons in dam- 
ages or otherwise for such killing. 

Any unlicensed dog that enters any field shall con- 
stitute a private nuisance, and the owner or tenant of 
such field, or their agent or servant, may kill such dog, 
while it is in the field, without liability or responsibil-" 
ity of any nature for such killing. 

Licensed dogs, when accompanied by their owner 
or handler, shall not be included under the provisions 
of this section, unless caught in the act of worrying, 
wounding, or killing any live stock, or wounding or 
killing poultry, or attacking human beings. 

Section 23. All dogs are hereby declared to be per- 
sonal property and subjects of larceny. Except as 
provided in section twenty-two of this act, it is unlaw- 
ful for any person, except a police officer, to kill, 
injure, or poison, or to attempt to kill, injure, or 



GAME LAWS. 



Ill 



poison, any dog which bears a license tag for the cur- 
rent year. 

It is unlawful for any person to ])lace any dog-but- 
ton or any poison of any description in any place, on 
his own premises or elsewhere, where it may be easily 
found and eaten by dogs. 

This section does not prohibit the Board of Game 
Commissioners, or any of its officers and agents, from 
using poison under the provisions of the game laws. 

Section 24. It is unlawful for the owner or keeper 
of any female dog to permit such feimale dog to go 
beyond the premises of such owner or keeper at any 
time she is in heat, unless such female dog is properly 
in leash. 

Section 25. The owner or keeper of every dog 
shall at all times between the hours of sunset and sun- 
rise of each day keep such dog either — (a) confined 
within an enclosure from which it cannot escape, or 
(b) firmly secured by means of a collar and chain or 
other device so that it cannot stray beyond the prem- 
ises on which it is secured, or (c) under the reason- 
able control of some person or when engaged in law- 
ful hunting accompanied by an owner or handler. 

Section 26. Whenever any person sustains any 
loss or damage to any live stock or poultry by dogs, or 
any live stock or poultry of any person is nocessafily 
destroyed because of having been bitten by a dog, such 
person, or his agent or attorney, may, within ninety 
days after the damage was done, complain to any town- 
ship auditor or to any justice of the peace, alderman, 
or magistrate of the township, town, borough, or city. 
Such complaint shall be in writing, shall be signed by 
the person making such complaint., and shall .state 
when, where, and how such damage was done and by 
whose dog or dogs, if known. Such township auditor, 
justice of the peace, alderman, or magistratt* shall at 
once exanine the place where the alleged loss or 
damage was sustained and the live stock or poultry 
injured or killed, if practicable. He shall then notify 
the Secretary of Agriculture or his authorized agent. 
and jointly they shall fix a time for taking testimouv 
relative to such claim. He shall also notify the dog 
owner, if known. Such auditor, justice of the peace, 
alderman, or magistrate shall examine, under oath or 
affirmation any witness called before him. After 
making diligent inquiry in relation to such claim, such 
township auditor, justice of the peace, alderman, or 



Poisoning of 
dogs. 



B'.Hvd of 
Game ("oni- 
iiiissioners. 
Feiiiale 



D'.iiS Hi 

n -ill. 



Damage to 
K%estork 

hy dogs. 



« uniplaiiit by 
».>\vn<:»r. 



H}xamiiiation 
by officer. 



Notification 
' Secretary 
..f Agri- 
-ulture and 
■nvTier. 



112 



GAME LAWS. 



Determina- 
tion of 
damages. 



Liability of 
dog owner 
or keeper . 



Certificate of 
examination . 



Report of 
examination . 



Fees for 
Bcrrices. 



Pay of 

claim for Iobi 
or damage by 
Common- 
wealth. 



magistrate, and the agent of the Secretary of Agricul- 
ture, shall determine whether any damage has been 
sustained and the amount thereof, and if possible, who 
was the owner of the dog or dogs by which such dam- 
age was done. 

Any owner or keeper of such dog or dogs shall be 
liable, to the owner of such live stock or poultry, in a 
civil action, for all damages and costs, or to the Com- 
monwealth to the extent of the amount of damages and 
costs paid by the Commonwealth as hereinafter pro- 
dded. 

Section 27. Upon making the examination required 
in section twenty-six of this act, the township auditor, 
justice of the peace, aldd(.>rman, or magistrate and 
a,gent of the Secretary of Agriculture, shall iminie- 
diately make a certificate signed and sealed by them 
that such appraisment was regularly and duly made. 
If, by such examination, it appears that any damage 
has been sustained by the complainant, the township 
auditor, justice of the peace, alderman, or magistrate 
shall deliver the report of such examination, and all 
pa{)ers relating to the case, to the claimant, or has 
agent or attorney, upon payjment of the costs incurred 
to that time. Such rei)ort shall by him be delivered 
to the Secretary of Agriculture. 

Sf^ction 28. Tf(wnship auditors, justices of the 
peace, aldermen, and magistrates, for the special serv- 
ice required under ^sections twenty-six and twenty-sev- 
en of this act, shai' receive two dollars for each case, 
and five cents per mile for each mile traveled, to be 
paid by the claimant in each case. In all cases where 
da:>.ages are awarded, the fees paid by claimants shall 
b<' :• eluded in the amount of such damages. 

S*- <tion 29. Upon the Secretary of Agriculture 
j'-i'iving such report, if it appears thereby that a 
ci rtuin amount of damage has been sustained by the 
claimant, he shall immediately draw his requ; sition on 
the Auditor General and State Treasurer in favor of 
the claimant for the amount of loss or damage such 
claimant, he shall imme<liately draw his requisition on 
gether with necessary and proper costs incurred. Such 
amount shall be paid from the "Dog Fund." No per- 
son shall receive any requisition for any claim until 
the township auditor, justice of the peace, alderman, 
or magistrate, before whom the claim was made, had 
certified that due diligence was made to ascertain 
whose dog or dogs did the damage, and that the car- 



GAME LAWS. 



Ill 



casses of the live stock or poultry killed and for which 
damages have been assessed were buried within twenty- 
four hours after the assessment of damages. The own- 
ers of any live stock or poultry killed by dogs, or live 
stock necessarily destroyed because of having been bit- 
ten by a dog, shaU be paid a burial fee, as follows : 
For each horse, stallion, colt, gelding, mare, bull, bul- 
lock, steer, heifer, cow, mule, jack, jennet, or 
burro, two dollars and fifty cents each ; for each sheep, 
ram, lamb, calf, goat, kid, or swine two dollars each ; 
for each head of poultry, domestic hare or rabbit, ten 
cents each, to be included in said report and paid as 
other damages under this section. Where said car- 
casses are turned over to a scavenger or reduction 
plant, no burial fee shall be allowed. 

Upon payment by the State of damages of live 
stock or poultry by dogs, the rights of the owner of 
such live stock or poultry against the owner of a dog, 
to the extent of the amount of damages so paid by the 
State, shall inure to the benefit of the State. 

Section 30. No pavment shall be made for any 
itpm which has already been paid by the owner of the 
dog or dogs doing the injury. The fact that no such 
navment has been made shall be certified by the town- 
ship auditor justice of the peace, alderman, or 

magistrate. , , . aj. ^ £ ««^ 

When any payment is made by the State for any 
live stock bitten by a dog, such payment shaU not 
f-xceed one hundred dollars for each horse or mule, 
sixty dollars for each head of cattle, or twenty dollars 
for each head of swine or sheep, and two dollars for 
each head of poultry or domesticated hare or rabbit. 

Section 31. Any valid claims, or parts thereof, 
for loss or damage to sheep, horses, mules, cattle, 
swine, or poultry, which have accrued under the pro- 
visions of the act, approved the eleventh day of July, 
one thousand nine hundred and seventeen (Pamphlet 
Lews, eight hundred and eighteen), entitled An act 
relating to dogs, and the protection of live stock and 
poultry from damage by dogs ; providing for the licen- 
sing of dogs; regulating the keeping of dogs, and au- 
thorizing their destruction in certain cases ; provid- 
ing for the protection of licensed dogs, and for dogs 
temporarily imported for trial, show, and bree^ding pur- 
poses ; prescribing certain privileges for huntng dogs, 
and dogs owned or used by the Board of Game Com- 



Burlal fM. 



Reimburw*. 
ment of Com- 
mon-wealth 
by dog 
owner. 

Payment al- 
ready mad9 
by dog 
owner. 



Amounts t« 
be paid by 
Common- 
wealth . 



Claims ac- 
crued under 
the act of 
July 11, 
1917 (P. L. 
818). 



114 



GAME LAWS. 



Notifc to 
kill dogs. 



Ovvner's 
1 allure to 
Hill dogs. 



False stnt< 
merits. 

Burden 
of proof. 



Eiiforcenic 
of art. 



missioners ; providing for the assessment of damages 
done by dogs, and payment thereof by the proper 
county to the owners of live stock and poultry, and of 
damages to licensed dogs ; imposing powers and duties 
on certain State, county, city, borough, town, and 
township officers and employes, and on city councils of 
cities of the first and second class ; and providing 
penalties," at any time prior to the taking effect of 
this act, shall not abate by reason of the repeal of 
such act, but shall be paid out of the general fund of 
the proper county, and, for such purpose, the pro- 
visions of said act are hereby saved from repeal. 

Section 32. If, in the report of the township 
auditor, justice of the peace, alderman, or magistrate, 
the name of the owner of any dog or dogs having 
caused loss or damage to any live stock or poultry is 
definitely and conclusively shown, the Secretary of 
Agriculture may notify such owner or keeper to im- 
mediately kill said dog or dogs. The killing of such 
dogs does not remove the liability of the owner of 
such damage done by his dog or dogs. 

Upon failure, however, of such owner to comply with 
such order within a period of ten days, the chief of 
police, or his agent, of the township, town, borough, or 
city in which said dog or dogs are kept, upon notice 
from the Secretary of Agriculture shall kill such dog or 
dogs wherever found. For such service, he shall be 
entitled to a fee of two dollars for each dog so killed, 
to be paid by the State, upon a certified statement to 
the Secretary of Agriculture that such dog or dogs 
have been killed by him. The Secretary of Agricul- 
ture shall issue his requisition on the State Treasurer 
for such amount, unless payment has been made by the 
owner or keeper of the dog or dogs. 

Section 33. It is unlawful for any person knowing- 
ly to make any false statement or to conceal any fact 
required to be disclosed under any of the provisions of 
this act. 

Section 34. In any proceedings under this act, the 
burden of proof of the fact that a dog has been licen- 
sed, or has been imported for breeding, trial, or show 
purposes, or that a dog is under the age X)i six 
months, shall be on the owner of such dog._ 

Any dog not bearing a license tag shall prima facie 
be deemed to be unlicensed. 

Section 35. The Secretary of Agriculture, through 
his officers and agents, shall be charged with the 
general enforcement of this law. To this end, the 



GAME LAWS 



IIJ 



Secretary of Agriculture may employ all proper means 
for the enforcement of this act. Any other depart- 
ment, bureau, or commission of the Government of this 
Commonwealth shall, on request of the Secretary of 
Agriculturo, assist in the enforcement of the provisions 

of this act. . , , ^v . J ^ 

The Secretary of Agriculture is hereby authorized to 
advertise for bids and let contracts for all supplies 
necessary for carrying out the provisions of this act. 

Section 36. Any person violating, or failing or re- 
fusing to comply with, any of the provisions of this act 
shall upon conviction in a summary proceeding, be sen- 
tenced to pay a fine of not less than five dollars nor 
more than one hundred dollars, or to undergo an im- 
prisonment not exceeding thirty days, or both. 

All fines collected under the provisions of this act 
shall be forthwith paid to the county treasurer, and by 
hi]m paid into the State Treasury. 

Section 37. Nothing in this act shall be construed 
to prevent tho owner of a licensed dog from recovering, 
by action at law, the value of any dog which dog has 
been illegally killed by any police officer or any othej 
person within this Commonwealth from said police of- 
ficer or other person. In case such police officer or 
other person fails to pay the value of such dog so killed, 
the same shall be paid by the State. The value of said 
dog shall be ascertained in the same manner as provid- 
ed in section twenty-six of this act for assessing the 
damage done to live stock by dogs, and shall in no case 
exceed one hundred dollars for any- one dog. 

Section 38. Nothing "in this act shall interfere 
with any law for the protection and preservation of 
game or the killing of licensed and unlicensed dogs un- 
der the provisions of the gam.e laws of this Common- 
wealth, nor does this act repeal or affect any acts or 
parts of acts relating to mad dogs or dogs affected with 
any disease, nor prohibit the killing of licensed or un- 
licensed dogs in accordance with the provisions of any 
of said acts or any quarantine regulations made in ac- 
cordance with the provisions of said acts. 

'Section 39. In so far as thi^ act provides for the li- 
censing of dogs and the payment of damages for live 
stock or poultry injured by dogs or for licensed dogs 
illegally killed, it shaU not apply to cities of the first 
and second class. Such lif^ensing and payment of dam- 
ages in cities of the first and second class shall con- 
tinue to be carried on under the provisions of existing 
laws. 



C.ontract9 
for supplies. 



Yiolaticms. 
Penalty . 



Disposition 
of fines. 



Recovery for 
dogs illegally 
killed. 



■Relation of 
act to other 
laws. 



Cities of 
first and 
second class- 
es. 



116 



GAME liAWS. 



When 
effective. 



Construction 



Acts not 
repealed. 



A.ct of Jnly 
11. 1917 (P. 
L. 818), re- 
pealed In 
part. 



Eepeal. 



Act May 
17th, 1921, 
P. L.— 



Pnr-bearing 
animal de- 
fined. 



Open season. 
Baocoons. 



Section 40. This act shall take effect on the fif- 
teenth day of January, one thousand nine hundred and 
twenty-two, except that the Secretary of Agriculture 
may issue license blanks and tags, and the county 
treasurers may issue licenses for the year one thou- 
sand nine hundred and twenty-two, at any time after 
the passage of this act. 

Section 41. The provisions of this act shall be sev- 
erable, and, if any of its provisions shall be held to be 
unconstitutional, the decision of the court shall not 
affect or impair any of the remaining provisions of 
the act. It is hereby declared as a legislative intent 
that this act would have been adopted had such uncon- 
stitutional provision not been included therein. 

Section 42. This act does not repeal or in any way 
affect any ,of the provisions of the following acts : 
***Act of July 22, 1913, (P. L. 928) ; Act of Jun« 
1, 1915, (P. L. 644) ; Act of June 7, 1917, (P. L. 
572) * * * » . V 

Section 43. The act, approved the eleventh day of 
July, Anno Domini one thousand nine hundred and 
seventeen (Pamphlet Laws, eight hundred eighteen), 
****is hereby repealed, except in so far as it provides 
for the licensing of dogs and the payment of damages 
for live stock injured by dogs or for licensed dogs 
illegally killed in cities of the first and second class. 
The repeal of this act shall not revive any act or parts 
of an act repealed by it. 

All other acts or parts of acts inconsistent here- 
with are hereby repealed. 

Approved— Tlie llth day of May, A. D. 11)21. 

WM. 0. SPROUL. 



FUR-BEARING ANIMAL ':^ LAW, 
Relatrng to the taking of certain fur-bearing animals. 

Section 1. Be it enacted, &c.. That whenever used 
in this act, the term "fur-bearing animal" shall In- 
clude the following: Mink, muskrat, opossum, otter, 
raccoon, and skunk (commonly known as pole-cat). 

Section 2. It is unlawful to kill or capture, in 
any manner, any fur-bearing animals within the limits 
of this Commonwealth, excei)t from the first day of 
November to the last day of February next following, 
both dates inclusive, except raccoons, which may be 
killed from the first day of October to the thirty-first 
day of January, both days inclusive. 



GAME LAWS. 117 

Section 3. It is unlawful to use poison explosives, ^^rtf^^ 
or chemicals in taking any of the protected fur-beanng ^^^"^ 
animals, or to smoke out or dig out any den of any prohibited, 
kind, or to cut den trees for the purpose of killing 
anv fur-bearing animals, at any time within the lim- 
its 'of this Commonwealth : Provided, however, Ihat 
the provisions of this act shall not be construed to 
apply to the Board of Game Commissioners, or any of 
its duly appointed officers, or authorized agents, act- 
ing for the Commonwealth. , „ ^ 

Section 4 Nothing in this act shall prevent per- Rights o« 
sons residing upon and cultivating lands from dig- land own«. 
ging out dens, during the closed season, m fields 
which they have under actual cultivation,^ or frorn 
killing any fur-bearing animals when found in the act 
of destroving personal property, or in immediate pur- 
suit thereafter, but in no case shall pursuit be earned 
beyond the limits of the property upon which the 

damage is done. , . , , n ^«:^„ ^^ Buying, »eU- 

Section 5. It is unlawful to buy, sell, or otter to jj^ ^^ 
buy 01 sell, or to ship out of the State, any fur- shipping, 
bearing animal, or aiiy part thereof, knowing same to 
have been unlawfully taken. The possession of the 
green pelt or carcass of any fur-beanng animal, ex- 
cept during the open season, and for fifteen days 
thereafter, shall be prima facie evidence of a viola- 
tion of this act. ,. , , ^ * Disturblnf 

Section 6. It is unlawful to disturb the traps of traps. 
another, or to take an animal from the traps of 
another, unless specifically authorized by the owner. 
\nv person disturbing or molesting the traps set by Mallcioxu 
another is guiltv of malicious mischief. Any person mischief, 
taking a trap or taking an animal from a trap set Larceny, 
by another is guilty of larceny and punishable ac- 

'''' Section 7. Anv person violating any of the pro- JnrlMictioB. 
visions of this act, or guilty of malicious mischief un- 
der the provisions thereof, shall, upon conviction be- 
fore any justice of the peace, alderman, or magistrate, 
in the county in which the offense was committed, 
be liable, for each separate offense, to a penalty of ten ^enaity. 
dollars ($10.00) for the first offense, and /or each 
subsequent offense a penalty of fifty dollars (5h&U.UU), 
together with the surrender of all guns, traps, dogs, 
boats and other appliances used in, and all pelts 
taken in, violation of the laws. 



118 



GAME LAWS 



Arrests with' 
out warrant. 



yoizure». 



Disposition 
of seized 
property. 



Section 8. xVuy officer of the Commonwealth whose 
duty it is to protect tlie wild birds or game of the 
Commonwealth, or to preserve the peace of the Com- 
monwealth, shall have the right to arrest, without 
warrant, any person caught in the act of violating 
any provisions of this act, or in pursuit immediately 
following such violation, and to seize all guns, shoot- 
ing paraphernalia, dogs, boats or other appliances 
used in violation of any provisions of this act, also 
all fur-bearing animals found either in possession 
or under control of the suspected person within this 
Commonwealth, All guns, boats, dogs, fur-bearing 
animals, traps, and shooting paraphernalia, seized 
when such arrest is made, shall be held subject to thrt 
determination of the proceedings instituted. All guns, 
boats, dogs, fur-bearing animals, traps, and shooting 
paraphernalia of every descc ption thus seized shall 
be held siibject to the payment of the penalty imposed 
and the costs of prosecution, and, unless security is 
given as required by section ten of this act, all such 
seized guns, boats, dogs, fur-bearing animals, traps, 
and shooting paraphernalia shall be sold at public 
auction after advertising the same, for five days, by 
at least five public handbills conspicuously posted in 
the city, borough, town, or township wherein the con- 
viction was secured. Any fund thus arising shall be 
applied, 'first, to the payment of the costs of prose- 
cution, then to the paj-Jment of the penalty imposed, 
and the remainder, if any, shall ha returned to the 
owner of the property seized. Where fur-bearing ani- 
mals, traps, dogs, boats, or shooting paraphernalia of 
any description are seized, and the owners thereof 
escape arrest and refuse to present themselves and 
make claim to said property, the same shall be held 
for a period of ten days, after which time if the owner 
thereof fails to appear and defend himself against 
the charges made, such property of all description shall 
be sold in the manner prescribed for the sale of seized 
property after conviction, and the fund arising from 
such sale be applied as in the case of the sale after 
conviction. The fact that imprisonment is suffered 
by any person convicted of violating any provisions 
ef this act shall not prevent the sale of fur-bearing 
animals, traps, guns, dogs, boats, or other shooting 
paraphernalia of any description held as the property 
of the imprisoned party, and the application of the 



GxVME LAWS. 



119 



fund thus realized to the payment of the costs and 
the penalty imposed. 

Section 9. Every person resisting arrest for viola- 
tion of any of the provisions of this act, or refusing 
to go with an oUicer after an arrest has been made, 
or interfering uith an officer of the Commonw^ealth 
in the performance of his duty under the provisions 
of this act, shall be liable to a penalty of one hundred 
dollars, which penalty, when collected, shall be ap- 
plied as are other penalties under the provisions of 
this act. 

Section 10. Whenever, because of the violation of 
any of the requirements of this act, any person is con- 
victed for a first offense and a penalty is imposed, 
and the defendant neglects or refuses to at once pay 
said amount, together with the costs of prosecution, 
in lawful money of the United States, he shall at once 
be committed to the jail of the county in which the 
conviction is secured for a period of one day for each 
dollar of penalty imposed, unless he shall enter into 
good sufficient recognizances to either pay the penalty 
and costs within a period of ten days after the date 
of said conviction, or to certiorari the proceedings 
under the forms of law, or to carry the case to a 
higher court on appeal under the provisions of sec- 
tion fourteen of article five of the Constitution and 
laws of Pennsylvania relating thereto. In every case 
of a conviction for violation of any of the provisions 
of this act, whea-ein the defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
imposed, or fails to pay the costs of prosecution, all 
fur-bearing animals, traps, guns, boats, shooting para- 
phernalia, or other appliances used in violation of the 
law, and found in his possession at the time of arrest, 
or proven to have been used in violation of law, shall 
be forefited to the Commonwealth of Pennsylvania, 
and shall be either destroyed or sold as the Board of 
Game Commisa oners may consider best, and the 
money secured through such sale shall be applied by 
said Board, first, to the payment of the costs in- 
curred an^l the remainder, if any, be deposited with 
the State Treasurer, to be used for the purposes here- 
in othei-wise provided. The defendant shall be en- 
titled, for the first offense only, to the credit of one 
ofP his imprisonment for each dollar so deposited with 
the State Treasurer. 



Obstructing 
enforcement 
of act. 



rfnalty. 



Failure to 
pay penalty. 



120 



GAME LAWS. 



Disposition 
of fines and 
penalties. 



/mlsdlctlon. 



Prooedare. 



Warrants. 



Hearing. 



•Mitence. 

Disposition 
•f penalty. 



Section 11. All fines and penalties imposed and 
collected for violation of any of the provisions of 
this act shall be paid to the State Trt;asurer, who 
shall keep the moneys thus collected as a fund sepa- 
rate and apart solely for the jiurpose of wild bird and 
game protection, for the creation and maintenance of 
game sanctuaries, for the purchase, propagation and 
feeding of game and wild birds, and the payment of 
bounties, under the supervision of the Board of Game 
Commissioners of the Commonwealth of Pennsylvania, 
as provided for by the laws of this Commonwealth. 

Section 12. Every magistrate, justice of the peace, 
and alderman, within this Commonwealth, shall have 
the power of summary conviction in matters pertain- 
ing to the violation of any of the provisions of this 
act. All actions for violation of any of the provisions 
of this act, excepting where the defendant is taken 
in the act of violating the law, or in a pursuit im- 
mediately following such v.olation, shall be commenced 
by affidavit made within two years after the 'date of 
such Aaolation. Any magistrate, justice of the peace, 
or alderman, on complaint made before him, by affida- 
vit by one or jmOvg persons, of a violation of any of the 
provisions of this act by any person, is hereby au- 
thorized and required to -ssue his warrant, under his 
hand and seal, directed to any constable, police officer, 
game protector, or any officer of the Commonwealth 
whose duty it is to protect the game and wild birds 
of the Commonwealth, and cause such persons to be 
brought before such magistrate, justice of the peace, 
or alderman, who shall hear the evidence, and deter- 
mine the guilt or innocence of the person accused. 
If such person is convicted of the offense charged, he 
shall be sentenced to pay the full penalty prescribel 
by the section violated, together with the costs of 
prosecut on. All penalties thus recovered, in cases 
where the prosecutor is a salaried officer of the Com- 
monwealth, shall be immediately surrendered by the 
court receiving the same to the prosecutor, who in 
turn, as soon as may be, shall forward or deliver such 
amount in full to the Secretary of the Board of Game 
Commissioners, at Harrisburg. Where any officer of 
the Commonwealth, other than a salaried officer, is 
the prosecutor, the penalty shall be, as soon as the 
case is fully determined before him, forwarded by such 



GAME LAWS, 



121 



magistrate, justice of the peace, or alderman to the 
Secretary of the Board of Game Commi ssioners, at 
Harrisburg, together with a statement of the cause 
for which such money has been collected, the cost of 
which statement is hereby fixed at fifty cents, and 
made a part of the costs of prosecution. It shall be 
the duty of t^e Secretary of the Board of Game Com- 
missioners to, at least once a month, make return of 
moneys thus collected to the State Treasurer, to be ap- 
plied to the purposes provided for in this act. Every 
defendant convicted on appeal before any court of this 
Commonwealth shall be sentenced to pay the penalty 
imposed by the section violated, or to undergo im- 
prisonment in the jail of the county one day for each 
dollar of penalty imposed and unpaid. Any person 
charged with violating any provision of this act may 
sign an acknowledgment of the offense committed, 
either before or after the beginning of suit, and pay 
to any duly appointed and commissioned Game Pro- 
tector, or Special Deputy Game Protector, the penalty 
in full as fixed by the act, together with the costs 
accruing to the State to that date. The printed re- 
ceipt therefor, which shall in every instance bear the 
imprint of the seal of the Board of Game Commis- 
sioners of Pennsylvania and the signature of its Sec- 
retary, shall be evidence of full satisfaction of tJie 
offense committed. 

Section 13. The act, approved the twenty-third day 
of May, one thousand nine hundred and n'neteen 
(Pamphlet Laws, two hundred and seventy) entitled, 
"An act creating a reward or bounty for the destruc- 
tion of certain noxious animals killed within the Com- 
monwealth of Pennsylvania ; providing a method for 
the payment of the same, and providing the method of 
furnishing evidence of said destruction, and penalties 
for the violation of the several provisions hereof," is 
repealed so far as the same applies to the mink. 

The act approved the eighth day of July, one thou- 
sand nine hundred and nineteen (Pamphlet Laws seven 
hundred and eighty-seven), entitled, "An act for the 
better protection of the skunk or pole-cat and musk- 
rat; pnoviding a method for the taking of such ani- 
mals ; and providing penalt es," is absolutely repealed. 

All other acts or parts of acts inconsistent here- 
with are hereby repealed. 

Approved— The 17th day of May, A. D. 1921. 

WM. C. SPROUL. 



Conrlctlon 
on appeiil. 



Acknowl- 
edgment 
of gnllt. 



Act of May 
23rd, 1919, 
P. L. 270 r*- 

pealed In 
part. 



Act of Jnly 
8th, 1919, 
P. L. 770, 
repealed. 



Repeal. 



122 



Act of May 
17th, 1921, 
P. I. 



SlKK»ting at 
tflreet or at 
rHndom. 

During hunt- 
ing season. 



Willi certain 
tire- aims. 



■Violations. 
Penalty. 



AiV(^sts. 

Hearing 
Proviso. 

Rifle rniigos. 



Shwtting ex- 
hibition. 



GAME LAWS. 

CONTROLLING SHOOTING WHEN HUNTING.* 

An act for the protection of human life, live stock, 
and growing timber by prohibiting the discharge of 
certain guns, except at birds and animals or at tar- 
gets properly protected, and providing penalties. 
Sect on 1. Be it enacted, &c.. That it shall be un- 
lawful for any person, while hunting for birds or ani- 
mals of any kind, or while in hunting territory dunng 
the open season for upland game, except in the per- 
formance of an official duty or the protection of life 
and propertv, to shoot at any mark or target, other 
than birds or animals, with a rifle or firearm of any 
sort emitting a single ball or bullet larger than a 
twenty-two calibre short at one discharge, or to dis- 
charge such firearm at random without aiming at any 
certain object, except at a properly constructed tar- 
get or mark, or a dead tree, protected either by a 
Satural or an artificial barrier so that the ball or bul- 
let cannot travel more than fifteen yards beyond the 
target aimed at, after making due allowance for de- 
flection ai any direction not to exceed an angle of 
forty-five (45) degrees. . , . . . 

Section 2. Anv person violating the provisions of 
this act shall, upon conviction in a summary proceed- 
ing brought within two years, be sentenced to pay a 
fine of twenty-five dollars. Each shot fired contrary 
to the provisions of this act shall constitute a separate 

^ Any* constable, police officer, member of the State 
Police Force, game protector, special deputy game pro- 
tector, forester, forest ranger, or fish warden may, 
upon vcew, arrest without warrant any person found 
violating the provisions of this act,_and bring such' 
person before %i justice of the P^f.^ f ^f,^°[;^\ ?$ 
magistrate for hearing. All penalties s all be paid 
into the bunds of the county m which collected . Pro- 
vided, however, That the provisions of this act sha U 
not be construed to apply m any manner to the build- 
ing or equipment of rifle ranges owned, leased, or main- 
tafnod bv the Pennsylvania National Guard or by any 
properly accredited State and Federal. rifle chibs or 
associations; or to any public shooting exhibition 



*This is not a game law, and is published only for informa- 
tion of sportsmen. 



GAME LAWS. 

properfy safeguarded and conducted under the direc- 
manshi ^°^ organisation for the promotion of marks- 
Approved— the 17th day of May, A. D. 1921. 

WM. C. SPROUL. 



VSS 



SHOOTING HUMAN BEINGS IN MISTAKE.* 

An act giving additional protection to human beings 
in this Commonwealth, and imposing penalties upon 
ttiose who may shoot at or wound or kill a human 
being in mistake for either game or other wild 
creatures. 

Section 1. Be ;t enacted, &c., That, from and after 
the passage of this act, it shall be unlawful for any 
person to either shoot at or wound or kill a human 
being in mistake for either game or a wild creature, 
ot any discription, and providing that every person 
using firearms of any character in shooting at game 
or at wild creatures shall- be held responsible for such 
acts: Provided, however. That no person shall be 
held to have violated the provisions of this act who, 
while actftaJly shooting at any live game or wild crea- 
ture, shall accidentally shoot in the dtrection of or 
injure or kill another person. 

Section 2. Every person who shall shoot at a 
human being in mistake for game or in mistake for 
any wild creature, but who shall not injure the human 
being shot at, shall be deemed guilty of a misdemeanor, 
and, upon conviction of such offense, shall be sentenced 
to pay a penalty, to the general funds of the Common- 
wealth of Pennsylvania, of not less than one hundred 
dollars or more than three hundred dollars, and, in 
addition to such penalty, shall not be permitted to 
hunt in this Commonwealth for a period of two years 
after the date of his conviction, to be noted upon the 
rewrd of his conviction as part of the sentence. 

Section 3. Every person who shall shoot at a hu- 
man being in mistake for game or in mistake for any 
wild creature, and, through such shooting, shall wound, 
but not kill, such being, shall be deemed guilty of a 



A -t Mar 
20. 1921, 
1*. L.— 



Shooting at 
human beingt 
by mistake. 



Shall be re- 
sponsible. 
Pi"oriso. 



Accidental 
(Shooting. 

Sheeting at 
but not in- 
juring. 

Misdemeanor 
Peoaltj. 



Shooting at 
arri wound- 
ing. 



*Thi.s is not a game law, and is published only for informa- 



124 



GAME LAWS. 



MlsdemeaiLor 



Penalty. 



Shooting at 
and killing. 



MlBdemeanor 
Penalty. 



Failure to 
pay penalty. 



ProTlso. 



Hunting con- 
trary to 
sentence. 



Penalty. 



misdemeanor, and, upon conviction of such offense, 
shall be sentenced to pay a penalty to the party so 
injured of not less than two hundred dollars or more 
than five hundred dollars, and shall, in addition to 
such cash penalty, be imprisoned in the county jail 
of the county in which the ofEense was committed for 
a period of not less than one year or more than three 
years, as the evidence in the case may appear to 
jiTStify. Such person shall also not be permitted 
to again hunt in this Commonwealth for a period of 
five years after the date of such conviction, to be noted 
upon the record of his conviction as part of the 
sentence. 

Section 4. Every person who shall shoot at a 
human being in mistake for game or in mistake for 
any wild creature, and shall, through such shooting, 
kill a human being, shall be considered guilty of a 
misdemeanor, and, upon conviction of such offense, 
shall be sentenced to pay a penalty to the personal 
representative of the deceased of not less than five 
hundred dollars or more than one thousand dollars, 
and shall, in addition to such cash penalty imposed; 
suffer an imprisonment in the common jail of the coun- 
ty in which the offense is comjmitted for a period of 
not less than two years or more than five years, as the 
evidence would appear to justify, and such person, 
in addition, shall not be permitted to again hunt in 
this Commonwealth for a period of ten years after 
the date of such conviction, to be noted* upon the 
record of his conviction as part of the sentence. 

Section 5. Every person convicted of either or any 
of the before-mentioned offenses, who shall for any 
reason, fail to pay the cash penalty imposed by tb s 
act for the specified offense committed, shall, in addi- 
tion to any other term of imprisonment imposed by 
this act, undergo an imprisonment of one day in jail' 
for each dollar of penalty imposed: Provided, That 
no term of imprisonment suffered in lieu of any cash 
penalty imposed by this act shall exceed one year. 

Section 6. Every person who shall hunt or attempt 
to hunt in this Commonwealth contrary to any sen- 
tence imposed for violation of any provision of this 
act shall, upon conviction, be sentenced to undergo 
an imprisonment in the common jail of the county 



GAME LAWS. 125 

in which the conviction is secured for a period of 
not less than three months or more than six months. 

Approved— The 20th day of May, A. D. 1921. 

WM. C. SPROUL. 



SUMMARY OF IMPORTANT PROVISIONS OF 
GAME LAWS. 

All letters on the subject of game, song, or insec- 
tivorous birds, should be addressed to the Secretary 
of the Game Commission, at Harrisburg. 

A Game Protector is authorized to act anywhere in 
the State. 

A Game Protector is authorized to enter upon any 
land within the State, in the line of his duty, for the 
purpose of enforcing the law, but he has no nght, 
as an individaul, to bunt, or in any manner trespass, 
upon posted lands, contrary to the wish of the owner 
thereof. 

Game Protectors are authorized to administer oaths 
in all matters pertaining to violations of the game law. 

Where persons refuse to be sworn or to answer 
questions the game in question is forfeited to the 
State. 

Section ,20. Act of June 7th, 1917, page 77. 

All Game Protectors, and Special Deputy Game 
Protectors appointed by the Board of Game Com- 
missioners, Foresters, Forest Rangers, Fish Wardens, 
and Deputy Fish Wardens, also all members of the 
State Police are vested with like powers, and have 
the right to arrest without warrant, or to search the 
person or property of any one they may catch in the 
act of violating any game law, or the forestry laws, 
or the fish laws of the Commonwealth, or whom they 
may catch in pursuit immediately following the act; 
or whom they have reasonable cause to suspect of 
having within a limited time, violated any of the 
game laws of the State. But they are not authorized 
to arrest or search without warrant after the offender 
has reached his place of residence, unless they were 
actual witnesses to the violation and as rapidly as 
possible followed the offender to that place. 

The act of May 29th, 1917, makes it the duty of 
these several officers to see to it that the laws of 



126 GAME LAWS. 

this State pertaining to forestry, fish and game are 
enforced. Final penalty for neglecting or refusing 
to do as the law directs is removal from office. 

Costs cannot be -mposed upon officers, whose duty 
it is to enforce the game laws. Said costs must be 
paid either by the defendant or by the county. 

Act of April 16, 1903, See citation page 156. 

Constables of the several wards, boroughs, and town- 
ships of this Cominonwealth are ex-officio game ward- 
ens, and have the same power throughout the county, 
wherein they are elected, as have the Protectors 
appointed by the Game Commission. 

Constables are liable to fine and imprisonment where 
they neglect or refuse to enforce the gaitne laws, 
after their attention has been called to the matter, in 
a prescribed form. 

Section 5, Act of March 22, 1889, page 15. 

Any person or persons interfering with a Game 
Protectoi', or Foresteii, or a Forest Hanger, or 
a Fish Warden in the discharge of his duty, or re- 
sisting arrest, is liable to a penalty of one hundn^d 
dollars. 

Section 4, Act of May 21, 1901, page 14. 

A constable where he is the prosecutor is entitled 
to one-half of the penalty recovered, and to ten dollars 
extra from the county for each conviction secured 
for violation of the game, or forestry laws, except 
the Resident Hunter's License Law, the alien gun and 
dog laws, and the fur-bearing animal laws under 
which acts there is no division of penalties. Ganu^ 
Protectors and Special Deputy Game Protectors arr 
not so entitled to the extra reward from the county. 

Any citizen of the Cofmmonwealth has the right 
to prosecute for violation of the game laws and is 
entitled to the same division of penalties as constables. 

Attention is called to the fact that the one who 
prosecutes for violation cf the game law under jmoist;, 
acts is entitled to part of the penalty recovered, not 
the one who is simply the informer. 

Where a person is caught in the act or is arrested 
for violating any law of this Commonwealth giving 
protection to game, song of insectivorous birds, lio 
is to be tried ^summarily. 

Section 34 of the Act of .Tune 7th, 1917, page 89. 

No unnaturalized, foreign-born resident can legally 
own or have in possession a rifle or shotgun, or firt^- 



GAME LAWS. 127 

arm of any kind, or can hunt or shoot, within the 
Commonwealth. 

Act of May 8th, 1909, page 22. 

Tho Superior Court has ruled that it was a violation 
of the above Act for an alien to run or manage a 
shooting gallery. 

See citation page 151. 

The Act of June 1st, 1915, forbidding aliens to 
be possessed of a dog was passed as a protection not 
only to our game but also a protection to our cattle 
and sheep and other livestock, and to our people 
as well. Many of our alien residents raising dogs 
appear to think they can raise these animals in , 

numbers and turn them loose on the community to 
pick up their living. To make this act constitutional 
it was necessary to include all aliens in its provisions. 

See the Act of June 1st, 1915, page 50. 

A second conviction for violation of the game law 
compels imprisonment of the offender regardless of 
the cash penalty. 

Section 2. Act of June 7th, 1917, page 60. 

When an arrest is made for violation of that pro- 
vision of the game law proh biting hunting on Sun- 
day, the evidence and the record must show that game 
or wild birds were hunted for or killed; the kind 
of game or birds hunted, or killed, had best be named. 
It will not do to simply charge the defendant with 
hunting or shooting on Sunday. The game laws of 
this State were passed for the protection of game 
and wild birds and not to preserve the sanctity of the 
Sabbath, and the courts have held that before a de- 
fendant can be convicted of violating this provision, 
it must be proved that game or a bird of some kind 
protected by this act was hunted or killed on Sunday. 

It is therefor not a violation of the game law of 
this State to shoot on Sunday at targets, or at a 
mark, or at a crow, or a hawk, or a fox^ or at any 
thing, not protected by the game laws. 

All magistrates, just)!ces of the peace, and alderman 
should follow the form prescribed ' in the act violated, 
and their record should show that this has been done. 
This will avoid trouble on certiorari. 

In receiving or drawing a complaint, for the viola- 
tion of any of the provisions of the game laws or 
fish laws of this State it would be well to follow 



128 GAME LAWS. 

strictly the wording of the section violated, and the 
record should show that this has been done. 
The Record should show: 

That an offense was committed. That the said of- 
fense was committed within the jurisdiction of the 
court hearing the case. 

That the prosecution was brought within the statu- 
tory time. 

That the complaint was sworn to. 
That a warrant was issued and the arrest made 
» on said warrant which was duly returned. 

Or, — 

Tli'at the arrest was made on sight without warrant. 

The complaint made after the arrest of a person 

caught in the act of violating the law should state 

plainly the facts connected wath the arrest, and the 

provisions of law violated. 

That the defendant was present at the hearing. 
That the evidence as offered on both sides was 
heard under oath. 

The record must show at least the substance of such 
evidence. 

That the defendant was because of such evidence 
either convicted or acquitted. 

If convicted, that he was sentenced to pay the pen. 
alty imposed by law before such person was com- 
mitted to jail or was permitted to appeal. 

That upon refusal to pay said penalty and costs he 
was committed to jail for a period of one day for 
each dollar of penalty and costs imposed. 

The use of what is commonly known as the auto- 
matic gun for killing game in Pennsylvania is pro- 
hibited This applies to all kinds of automatic guns, 
rifles as well as shotguns, but does not apply to pump 
guns or lever guns, or to any gun except those m&t 
through the recoil produced by the discharge of a 
loaded shell, ejects the empty shell, throws a loaded 
shell into the barrel and cocks the gun. 
Act of May 31st, 1907, page 22. 
For su^mmary of open seasons, bag limits, etc., see 
page 134. 

It is unlawful to buy or to sell, or to attempt t« 
buy or sell, an elk or deer or rabit or squirrel or 



* GAME LAWS. 128 

ring-necked pheasant or Hungarian quail, or part 
thereof, that has been killed in a wild State in Penn- 
sylvania. It is therefore lawful to buy or sell any of 
these animals or birds that were killed outside of this 
State. 

It is unlawful to buy or sell, or to attempt to buy 
or sell, or to have in possession for sale, a wild turkey, 
or a ruffed grouse, or a quail, ccmmonly known as 
Bob White, or a woodcock, killed either within or 
outside of this State. 

Section 27. Act of June 7th, 1917, page 83. 

It is unlawful to kill game of any kind, either 
animals or birds, except raccoons, during that period 
between sunset of one day and sunrise of the day 
following ; or to shoot game either by day or at night 
from an automobile. 

Section IG. Act of June 7th, 1917, page 74. 

It is illegal at any time to set, lay or prepare or use 
any kind of trap, snare, net, bird-lime, pit-fall, deer- 
lick, turkey blind, turkey call, turkey pen, air rifle, 
or any other kind of a contrivance whatever, or to use 
the device known as a silencer with intent to capture 
or kill any of the wild birds or animals protected by " 
the laws of this State. 

Decoys not to exceed 20 may be used in hunting 
geese, ducks and brant and raccoons may be taken in 
any manner except poisons, smoking or digging out, or 
cutting den trees ; and box traps may be used by per- 
sons under 14 years in taking rabbits on lands where- 
on they reside. 

Section 17. Act of June 7th, 1917, page 75. 

It is a violation of the law to shoot water fowl from 
a power boat or to carry or convey a duck boat 
through the use of a motor boat into proximity of 
water fowl, and to then finish the pursuit and do the 
shooting from a boat propelled by paddle. 

Section 17, Act June 7th, 1917, page 75. 

Quail and ring-necked pheasants may be trapped 
from the first day of December to the first day of 
April for the purpose of keeping them alive during the 
winter or for the purpose of separating a covey, and 
all birds so trapped must be released as soon as the 
weather is suitable in the spring. 

Section 30. Act of June 7th, 1917, page 86 . 



130 GAME LAWS. ,. 

Elk and deer are fond of salt and arc benefited by 
salt just as much as are cattle, and it is not a violation 
of the law of this State to place salt where deer 
may secure it. But it is a violation of law to create 
a deer lick with intent to attrnct deer so that they 
may be killed at the lick, or to kill deer at a lick no 
matter what the reason for its creation might be. 

By section 19 of the act of June 7th, 1917, page 76, 
elk in this State are gii^en absolute protection until 
December 1st, 1923, after which time a male elk hav- 
ing not loss than 4 points to an antler may be killed 
by still hunting. 

Dogs of any description may be killed by the own- 
er or lessee of lands on which they are found, or by 
any officer of the State whose duty it is to protect 
the game of the State, when ])ursuing small game of 
any kind out of season, anyAvhere within the Common- 
wealth, unless the dog wears a collar bearing the 
name and address of the owner, in which case notice 
must be given before the dog is killed. 

Sectio^i 20. Act of June 7th, 1917, page 82. 

Special attention is called to the fact that under 
the provisions of the above section the owner or per- 
son harboring a dog who permits such dog to chase | 
small game contrary to law is liable to a penalty of 
$10 for each day his dog chases game, and in addi- 
tion to a penalty of $5 for each game bird or rabbit 
killed. 

Dogs, when accompanied by and under control of 
their masters, m.ay be trained upon any of the living 
wild game or birds in this State, exc(>ptin ? elk and 
deer and fawn or wild-turkeys, from the first day of 
September to the first day of March next following, 
Sunday excepted, so long as no injury is inflicted upon 
said animals or birds and arms fired from the 
shoulders are not carried. 

Dogs chasing deer or elk mny be kilh-d by any per- 
son at any time whether wearing a collar or not. 

Section 25. Act of June 7th, 1917, page 82. 

It is illegal to ship game of any kind at any time 
by -parcel post, or to ship or in any manjiei' trans"- 
port, game classed as small game from one point to 
another point in the State, except when same is ac- 
corananied b.v the owner thereof. 



GAME LAWS. ' I33 

Game classed as' large game may be shipped by 
express or by freight under certain conditions. 

Section 32. Act of June 7th, 1917, page 86. 

Common carriers ana the operators of automobiles 
are forbidden under penalty to carry game of any kind 
out of the State, excepting in cases where such game 
i» owned by a non-resident hunter, who has legally 
killed same m this State, and in the case where game 
legally killed m this State must of necessity go out 
of the State to reach another part of the State. 

Section 33. Act of June 7th, 1917, page 88. 

The provisions of our game law regarding the ship- 
ment ot game within the State do not apply to those 
parts ot either animals or birds intended to be preserv- 
ed as trophies. These may be shipped at any time and 
in any manner when properly marked showing the 
contents for mounting purposes, to taxidermists any- 
where withm the State, but they cannot be shipped or 
carried out of the State. 

Section 32. Act of June 7th, 1917, page 87. 

It as not a violation of the Resident Hunters' Li- 
cense Act to hunt for or shoot at any unprotected ani- 
mal or at any unprotected bird, or at targets, or at 
any other thing not protected by the Game laws of 
nils fetate, without being first possessed of such li- 

This law requires only those who hunt for game 
animals, or game birds, to secure this Resident Hunt- 
ers License, and it permits the owner or lessee of 
lands withm the Commonwealth who resides upon and 
cultivates such lands to hunt thereon without securing 
the license. It also permits such owner or lessee tS 
hunt on lands immediately connected with his lands. 
It he has permission to go thereon from the one in 
control thereof. 

TT ^v^ non-residents, such persons being citizens of the 
United States must secure a Non-resident Hunters' 
License before hunting or trapping in Pennsylvan. a 
and must wear the non-resident tag just as resident 
hunters are required to wear the Resident Hunters' 
tag. 

Fee $10. Penalty $25, and forfeiture of all gunning 
paraphernalia found in possession of arresTed oarties 
Act of May 3rd, 1917, page 54. 



132 GAME LAWS. 

rhe above Act requiring non-residents to secure a 
license before hunting or trapping for any bird or 
animal, either game or otherwise, in this Common- 
wealth, was passed to protect game and the interests 
of our citizens in general, and especially th.e farmers 
of our border counties. It is just as necessary for a 
non-resident to secure license before beginning to liunt 
or trap for woodchucks, foxes, weasels, etc., as it is 
to hunt for game. 

Non-rosidont hunters' having a license are permitted 
to carry out of the State with them game, excepting 
elk, in quantity not exceeding in one season the quan- 
tity that such "person may legally kill in one day. 

Section 33. Act of July 7th, 11)17, pa^a' 89. 

Each perscm who knawingly uses game that has been 
illegally killed, or who knowingly aids or assists in 
the concealment of game illegally killed, or who 
knowingly has game illegally killed, in possession with 
intent to use or conceal the same is liable to the full 
penalty imposed by law for the unlawful killing of 
such "ame 

Sccdon 'l5. Act of June 7th, 1917, page 73. 

Persons actually residing upon or cultivating lands 
as either owner or lessee, or their legitimate employes, 
may kill a deer or elk or bear or rabbit or raccoon or 
black-birds, regardless of sex or age, when found on 
such lands actually engaged in the mateu al dosty-uc- 
tion of cultivated fruit trees, crops, vegetables, live 
stock, poultry or beehives, or in the case of black birds, 
the eggs or voung of other birds. They may also be 
killed on the' property under their control immediately 
following such material destraction. Persons killing 
the above game as a protection to crops must prove 
that suff cient material damage was being done to 
justify the killing and must report, except in a case' 
of black birds, within 24 hours to the nearest Game 
Protector or the office of the Game Commission, and 
must care for the carcass so that it may be sent to a 
charitable institution. The use of the carcass by in- 
dividuals killing such game is absolutely prohibited. 

In addition to the above, beai-s may be killed at any 
time when such animals are inflicting or attempting to 
inflict injury to persons or personal property or With- 
in 48 hours after the commission of such offense, or 
at any time when such animals are found within one- 
half mile of a regular place of residence if the oecu- 



GAME LAWS. 133 

pant has just cause to fear injury to persons or per- 
sonal property. The carcass of bears so killed must 
be cared for and disposed of as above. 

Section 22. Act June 7th, 1917, page 79. 

Fur-bearing animals protected by law with an open 
season are the mink, muskrat, oppossum, otter, raccoon 
and skunk. 

See Act of May 17th, 1921, page 116. 

Bea%'er are protected at all times. 

Penalty $100. 

Act of Mai-ch 17th, 1903, page 17. 

Special attention is called to the fact that the laws 
of this State no longer permit the killing of birds other 
than game birds for so-called "scientific study," it 
being considered that enouc^li life has been destroyed 
and enough written to cover all necessities in this 
direction for ages to come. Therefore no certificates 
will be issued to taxidermists for this purpose, and 
the mounting of bird skins for sale can not be per- 
mitted. 

All taxidermists must secure a license before begin- 
ning to operate in Pennsylvania and no license of this 
kind will be issued to those who claim to have secured 
their knowledge of this work entirely through corres- 
pondence schools. 

Taxidermists have the right to receive and cure and 
mount the skins of birds and animals that have been 
legally killed in this State. They have no right to 
kill one bird or animal through or because of their 
certificates. 

The Game Com/mission holds that the words "legal- 
ly killed" mean "not illegally killed," so that it would 
not be an offense to mount the skin of a bird accident- 
ally killed. 

Attention is called to the fact that the National law 
controls and limits State laws relating to migratory 
birds in all cases where the State law conflicts with 
the National law, in a manner tending to lengthen 
the season as fixed by said National law, but it does 
not attempt to alter or in any manner change laws 
enacted by the State, that are within the time limit 
as fixed by said National law. 



134 



GAME LAWS 




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GAME LAWS, 







GAME LAW DECISIONS. 137 

LEADING DECISIONS PERTAINING TO GAME. 



OWNERSHIP AND CONTROL. 

1. In the clas.sificution of property, there are some 
things which from their nature are incapable of ab- 
solute ownership, and among these are light and air, 
and game and fish. 

2. Bouvier781. 

2. It is probable that the right to take game and 
fish was a natural right, wholly unrestrained original- 
ly by law. 

As the population of the earth increased, it appar- 
ently became necessary for the purpose of insuring the 
perpetuity of these things to abridge or restrict by 
law this natural right. At what period or by what 
process this change was brought about does not seem 
perfectly clear, although the fact remains that this 
change was wrought, and that all civilized nations 
of the world to-day the taking of game and fish is 
considered a boon or privilege and n( t on inlierent 
right. In America game and fish are considered to be 
long to the State, not as a proprietor, but in its 
sovereign capacity, as the representative and fo? the 
benefit of all the people. 

Ex parte Maier, 37 Pac. 402. 
Phelps V. Racey, 60 N. Y. 10. 

3. The right to hunt game is but a privilege given 
by the legislature, and is not an inherant right in the 
residents of the State. 

Ccmth. V. Pa))sono, 44 Pa. Snnorior ft. 129. 
Supreme Ct. 231, p. 45 ; 232 U. S. 188. 

4. "Wild game of a State belongs to the people, in 
their collective sovereign capacity, and is nut the 
subject of private ownership, except in so far as the 
people may elect to make it so, and they may if they 
see fit, absolutely prohibit the killing of it, or traffic or 
commerce in it. That its taking, possession and the 
disposition thereof is the subject of legislative enact- 
ment." 

Geer v. Connecticut, IGl U. S. 519. 
Martin v. Waddel, 16 Pet. 410. 
Ex parte Maior, 103 Cal. Pa. 476; 37 Pac. 402. 
Comwth, V. Papsone, 44 Pa. Superior Ct. 129. 
Supreme Ct. 231, p. 45; 232 U. S. 138. 



138 GAME LAW DECISIONS. 

5. "Game in preserves and fish in private waters 
are still under the control of the Legislature." 

People V. Doxtater, 75 Hun. 472. 

6. "Wild game caught or killed contrary to law, 
remains the property of the State." 

Tliomas v. N. P. Express Co., 73 Minn. 185. 

7. "The right of a state is maintained, to adopt any 
reasonable regulation, not only as to the time and 
manner of taking game, but also imposing limitation, 
upon the right of property in such ^ame after it has 
been taken, because he who takes or kills game, has 
no absolute property in such game and takes its sub. 
ject to all the provis' ons of the law authorizing its 
taking." 

Geer v. Connecticut, 161 U. S. 519, and many 

citations. 
Ward V. Race Horse, 163 U. S. 504. 

8. "And the fact that game has been killed does 
not change the relation of the law-making power to 
it, but it is still subject to control." 

Morritt v. People, 160 111. 218. 

9. "The measures best adapted to the preser\'ation 
and protection of game are for the Legislature to de- 
termine, and courts cannot review its discretion." 

Phelps v. Raccy, 60 N. Y. 10. 

POLICE POWER. 

10. "The right to preserve game flows from the 
undoubted existence of a police power to that end, 
which may be none the less efficiently called into play 
because by so doing Interstate Commerce may be 
remotely or indirectly affected." 

(;eer v. Connecticut. 161 IT. S. 519. 
Hall V. DeCuir, 95 U. S. 485. 
Sherlock v.- Ailing. 93 U. S. 99-103. 
People V. Silz; 219 U. S. 31. 

11. "Laws and ordinances relating to the comfort 
heallli, convenience, good order and general welfare of 
the inhabitants are comprehensively styled 'police laws 
and regulations.' It is well settled that laws and reg- 
ulations of this character, though they may disturb the 
enjoyment of individual right arc not uncoTistitution- 
al, although no pro\dsion is made for compensation 
for such disturbance. They do not a])propriatc pri- 
vate property for public lise, but simply regulate its 
use and enjoyment by the owner, etc." 

Dillion on Municipal Corporations, Sec. 141. 



GAME LAW DECISIONS. 139 

12. As stated in Barvier v. Connoly, 113 U. S. 27. 
''Neither the amejiclment (XIV), broad and compre- 
honsive as it is, — nor any other amendment was desig- 
nated to interfere with the power, of the State, some- 
times termed its police power, to proscriibe regulaticns 
to promote the health, peace, morals education or 
good order of the people," we are within the province 
of the Constitution when we regulate the manufac- 
ture and sale of food stuffs. Com. v. McCann, 14 Pa. 
Superior Ct. 221 ; The number of hours the adult 
female should labor, Com. v. Beatty, 15 Pa. Superior 
Ct. 5 ; and in prohibiting women and children from 
working in coal mines. Act May 15th, 1893, P. L. 76 ; 
in prescribing the qualifications of physicians and un- 
dertakers. Com. V. Hanley, 15 Pa. Superior Ct. 271 ; 
when musical bands may play in the public streets, 
Wilkes-Barre v. Garobed, 11 Pa. Superior Ct. 355; 
when we authorize the killing of dogs following the 
track of protected game, Com. v. Frederick, 27 Pa. 
Superior Ct. 228, and in denying the right to aliens 
to obtain license to sell intoxicating liquors, Trans- 
gresser v. Gray, 73 Md. 250 ; 9 L. R. A. 780. 

Com. V. Papsone, 44 Pa. Superior Ct. 129; 231 
Pa. Supreme Ct. 45; 232 U. S. 138. 

13. "Indeed the police power as to game birds, 
flows from the duty of the State to preserve for its 
people a valuable food supply." 

Phelps V. Racey, 60 N. Y. 10. 
Ex Parte Maier, 103 Cal. 467, 37 Pac. 402. 
Magner v. People, 97 111. 320. 
McCready v. Virginia, 94 U. S. 395. 
Smith v. Maryland, 18 How 71. 
Comth. V. McCoomb, 39 Pa. Superior Ct. 411. 
227 Pa. Supreme Ct. 377. 

14. "The power of a State to protect by adequate 
police regulation, the people against the adulteration 
of articles of food, although .in so doing commerce may 
be rqmotely affected, necessarily carries with it, the 
existence of a like power to preserve a food supply, 
which belongs in common to all the people of the State, 
which can only become the subject of ownership in a 
qualified way which can never be the subject of com- 
merce, except with the consent of the State, and sub- 
ject to the conditions, which it may deem best to im- 
pose for the public good." 

Lawton v. Steele, 152 U. S. 133. 



140 GAME LAW DECISIONS. 

People V. West, 106 N. Y zi^3. 
. People V. O'Neil^ 110 Mich j^4 

L'Hote V. Now Orleans, 177 U- ^a%\*' « 

Comth W Thos. W. McComb 39 Pa. Superior 
Ct 411, 227 Pa. Supreme Ct. 877. 

Comth. V. Papsone 44 Pa Superior Ct. 129, 
Pa. Supreme Ct. 231, p. 45. 232 U. S. 138. 
15 "Aside from the authority of the State derived 
from "the common ownership of game, and the trust for 
the b nefit of its people, which the State exercises in 
relation thereto, there is another view of the power ot 
[he S?ate in regard to the property in game, which s 
equally conduct'ive. The right .to presei-^^^^^ 
from the undisputed existence in the State ot -^ P? ic*3 
poTei to that end, which may be none the l^^s efficiont- 
fy^alle<l into play because by so doing interstate com- 
merce may be remotely and indirectly affected. 

Kidd V. Peai-son, 128 U. S. 1. 

Hall V. DeCuir, 95 IJ S. 485. 

Sherlock V. Ailing, 93 U. S. page 99-103. 

Gibbons v. Ogden, 9 Wheaton 1. 

16. Indeed the SQurce of the police Powcr^« /^« 
eame birds (like those covered by the statute nere 
fXd m question) flows from the duty of the State 
to preserv? for its PCoplc a valuable food supply. 

Phelps V. Racey, 60 N. Y. 10. 

l?ainc;%.%t'p"oU"'ubi sup, and the cases 

CoS. 1%cC<^y>, 39 Pn Superior Ct. 411, 
227 Pa. Supreme Ct. 377. 

17. The exercise by the State of such power, there- 
fore, comes directly with„n the principle of Plumley v, 
Massachusetts, 155 U. S. 461 and 473. 

18 The power of the State to protect by adequate 
police regulation its people against the adulteration of 
articles of food (which in this was maintained) al 
though in so doing commerce might be remotely at- 
fected, necessarily carries with it the exemse of a like 
Dower to preserve a food supply, which belongs m 
common to all people of the State, which can only be- 
come the subject of ownership in a qualified way, and 
which can never be the object of commerce, excei)t 
with the consent of the State, and subject to the 



GAME LAW DECISIONS. 141 

conditions which it Jiay deem best to impose for the 
public good." 

The people of New York v. August Silz, 219 U. 

S 31 
Conith. v. Thos. W. McComb, 39 Pa. Superior 
Ct. 411, 227 Pa. Supreme Ct. 377. 

19. "In order to protect local game during the 
close season it has been found expedient to make 
possession, of all such game, during that time, whether 
taken within, or without the State, a misdemeanor. In 
other states of the Union such laws have been deemed 
essential, and have been sustained by the courts." 

Roth V. State, 51 Ohio 209. 
Am. St. Rep 566, 37 N. E. 259. 
Stevens v. State, 89 Md. 669. 
47 Atl. 929. 
Magner *v." People, 97 111. 320. 

20. "It has been provided that the possession of 
certain kinds of game during the close season shall be 
prohibited, owng to the possibility that .dealers in 
game may sell birds of the domestic kind, under the 
claim, that they were taken in another state or coun- 
try. The object of such laws is not to affect the legal- 
ity of the taking of game in othe'r states, but to pro- 
tect the local game, in the interest of the food supply 
of the people of the State. We cannot say that such 
purpose, frequently recognized and acted upon, is an 
abuse of the police power of the State and as such, to 
be declared void because contrary "to the Fourteenth 
Amendment to the Constitution." 

"That a state may not pass laws directly regulating 
foreign or inter-state commerce has frequently been 
held in the decision of this court ; but, while this is 
true, it has also been held in repeated instances, that 
laws passed by the states in the exertion of their police 
power, not in canflict with the laws of Congress upon 
the same subject, and indirectly or remotely affecting 
inter-state commerce are nevertheless > valid law. 

Mo. K. & T. R. Co. V. Haber, 191 U. S. 477. 
Ashell V. Kansas, 209 U. S. 251. 

"And it may be said generally that the legislation 
of a state not directly against commerce or any of 
its regulations, but relating to the rights, duties and 
liabilities of citizens, and only ind rectly and remotely 
affecting the operations of commerce is of obligatory 
force upon citizens within its territorial jurisdictioii. 



14^ GAME LAW DECISIONS. 

whether on land or water, or engaged in coTnnrercB,, 
foreign or interstate or in any other pursuit," 
Reported in case of People v. Silz, 219, U. K 31. 

21. "The extent and limitation of what is known as 
the police power, has been a fruitful subject of dis- 
cussion in the appelate courts of nearly every state of 
the Union. It is universallj^ conceded to include 
everything essential to the public safety, health and 
morals and to justifj' the destraction or abatement by 
summary proceedings of whatever jniay be regarded as 
a public nuisance, and wherever the public interest de- 
mands it a large discretion is necessarily vested in 
the legislature to determine not only what the interest 
and the public require, but what measures are neces- 
sary for the protection of such interests." 
Barbire v. Connelly, 113 U. S. 27. 
Comth. v. McComb. 39, Pa. Superior Ct. 411, 

227 Pa. Supreme Ct. 377. 
Comth. V. Papsone, 44 Pa. ^Superior Ct. 129. 
Sustained by Supreme Ct. 231, p. 45. 232 U. 
S-r 138. 

22. "The test as to whether the police power is 
validly exercised, is, whether the enactment has rela- 
tion to the public welfare, as it has been deemed of 
sufficient importance to justify the Legislature of 
practically all the states to enact laws for the (pro- 
tection and preservation of game, and we liave seen 
no case which challenges this as a legislative right, 
clearly within the exercise of the police power." 

23. "The duty of preserving the fish and game of a 
state from extinction or prohibiting exhaustive meth- 
ods of taking it, or the use of destructive instruments 
as are likely to result in the extermination of the 
young as well as the mature, is clear as its powers to , 
secure to its citizens, as far as possible, a supply of 
other wholesome food." 

Lawton v. Steele, 152 U. S. 133. 
Comth. V. McComb, 39 Pa. Superior Ct. 411. 
227 Pa. Supreme Ct. 377. 

24. "Laws enacted for the purpose of regulating the 
time and appliances for catching fish, are a proper 
exercise of the police power of a state ; and although 
they may, under certain circumstances, prevent a man 
from fishing in a stream running through his own 



GAME LAW DECISIONS. 14S 

land, they do not necessarily amount to taking pri- 
vate property for public use without compensation. 

Comth. V. Bender, 7 Pa. C. C. 620. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 
227 Pa. Supreme Ct. 377. 
J5. "The weight of authority seems to favor the 
validty of laws prohibiting the possession of game 
during the closed season." 

Ex parte Maier, 103 Cal. 476. 

Merritt v. People, 169 111. 218. 

State V. Farrel, 23 Mo. App. 176. 

Phelps V. Racey, 60 N. Y. 10. 

Roth V. State, 51 Ohio, 209. 

Jarvis v. U. S. 11 App. D. C. 345. 

26. "The effect of these decisions is, that such pos- 
session is unlawful even though applied to game law- 
fully captured within the State during the open 
season, and to game lawfully captured outside of the 
State and lawfully brought within the State (pro- 
vided the law of the State prohibits the posstjssion of 
such game) on the theory that such laws are neces- 
sary for the protection of game, or as suggested by 
the late Chief Justice Coleridge, that the object is to 
prevent British wild fowl from being improperly killed 
and sold, under pretense of being imported from 
abroad." 

Whitehead v. Smithers, 2 C. P. D. 553. 
.People V. Silz, 209 U. S. 31. 

27. "The police power is not limited to guarding 
merely the physical or material interest of its citizens. 
His nioral, intellectual and spiritual needs may also be 
considered. The eagle is preserved, not for its use, but 
for its beauty." 

William G. Barret vs. State of New ork, Court 

of Appeals No. 203. 
A— McL.— Ho.— Ch.J.— Cha.— P.— Cr. 

DUE PROCESS OF LAW. 

28. "No person shall be depi-ived of his life, liberty 
or property without due process of law." 

Constitution of the United States, 5th and 14th 
amendments. 

29. "This clause of the Constitution only applies to 
such rights as are in their nature fundamental, which 
belong of right to citizens of all free government 

Carfield v. Coryell, 4 Wash, D. C. 380; Scott v. 
Sanfcrd, 60 U. S. 393. 



144 GAME LAW DECISIONS. 

30. "It is true that under the fourteenth amend- 
ment, no State can deprive a person of life, liberty, or 
property, without duo process of law. But in deter, 
mining what is due process of law, we are bound to 
consider the nature of the property, the necessity for 
the sacrifice and the extent to which it has heretofore 
been regarded as within police power. So far as 
property is inoffensive or harmless, it can only be 
destroyed by legal proceedings with due notice to the 
owner; but so far as it is dangerous to the safety or 
health of the community, due process of law may au- 

' thorize its summary destruction." 

Sentell v. R. R., 106 U. S. 698. 
Lawton v. Steele, 152 U. S. 133. 
Smith V. Maryland, 59 U. S. 71. 
Fertilizing C. v. Hyde Park, 97 U. S. 659. 
Comth. v. McComb, 89 Pa. Superior Ct. 411, 

227 Pa. Supreme Gt. 377. 
Comth v. Papsone, 44 Pa. Superior Ct 129. 
Supreme Ct. 231, p. 45. 232 U. S. 138. 

31. "The emergency may be such as not to admit 
of the delay essental to judicial inquiry and consider- 
ation, or the subject of such action and process may 
be of such a nature, or the condition and circum- 
stances in which the act must be performed to effect 
the protection and give effect to the law, may be such 
as to render judicial consideration impracticable." 

Jenkins v. Ballentine, 8 Utah 245 ; 30 Pac. 760. 

32. "In a case involving the valid'' ty of a statute 
of the State of New York, authorizing the summary 
destruction of nets, used in illegal fishing, it was held, 
'that the police power is universally conceded to in- 
clude everything essential to the public safety, health, 
and morals, and to justify the destruction or abate- « 
ment by summary proceedings of whatever may be 
regarded as a public nuisance."' 

Smith V. Maryland, 18How 71. 
McCready v. Virginia, 4 Otto. 391. 
Lawton v. Steele,"152 U. S. 13S. 
People V. West, 106 N. Y. 293. 
People V. O'Neil, 110 Mich. 324. 
L'Hoto V. New Orleans, 177 U. S. 597. 
Holyoko Water Co. v. Lyman, 15 Wall 500. 
The courts of Pennsylvania have ruled in the same 
way upon the subject. 



GAME LAW DECISIONS. 145 

Comth. V. Thos. W. McComb 39 Pa. Superior 

Ct 411, 227 Pa. Supreme Ct. o77. 
Comth. v'. Joseph Papsone 44 Pa Superior 

Ct. 129. Supreme Ct. 231, p. 45. 2.6Z L. 

'constitutionality. 

33 "It is but a decent respect due to the wisdom, 
intSrity and patriotism of the legislative body by 
whih any law is passed to presume in favor of its 
vSty until its violation of the Constitution is 
D?oven beyond all reasonable doubt. A reasonable 
doubt must be solved in .favor of the legislative ac- 
tion and the act be sustained." 

"The preservation of game and fish has always been 
treated as within the proper domain of the police 
mfwer and laws, limiting the season when birds and 
^Id animals ma'y be killed, and had for «^^le and pre- 
scribing the manner in which they may be taken, 
have bfen repeatedly upheld by the courts The duty 
of preserving the fish and gp^e of a State f/om ex- 
tinction, by prohib ting exhaustive methods of taking 
iL or Sle use of destructive instruments as are likely 
to result in the extermination of the young as well 
a^ the mature, is as clear as its power to secure to 
its citizens, as far as possible a supply of an.y other 

^^"ifiTwitMn'the province of the Legislature to pre- 
BCribe the methods or instruments that may be used 
S taking game or fish and it is not unconstitutional 
Srlhe Legislature of a state to forbid the use of a 
soecially made gun such as the automatic * * * * Nor 
a?r4e courts concerned about a technical tliough 
trifling interference with the pleasure of a hunter, or 
tiie property interest of a gun maker in ^lecu^ig a 
question of public interest and welfare, * * * * Where 
the interest of the private manufacturer and the pub- 
lic will come in conflict from the legislative stand- 
point, the people at large are to have preference. 
^e act of June 10, 1881, forbids the sale to any 
person under the age of sixteen years, o^ a instol. re- 
volver, etc. The act of March 31st, 1860, provides 
for a Confiscation of gambling apparatus. Even the 
length of time a female laborer shall be subjected to 
the exhaustion of physical labor is withm legislative 



10 



146 GAME LAW DECISIONS. 

control * * * *Tbe object of this act is not to favor 
the makers of one sort of a gun at the expense of 
those of other kinds, but its sole object is to protect 
game, and the methods adopted for its destruction, 
whether guns, traps, or devices are proper subjects 
for legislative consideration." 

Comth. V. Thos. W. McComb, 30 Pa. Superior 
Ct. 411, 227 Pa. Supreme Ct. 377. 
LEGAL STATUS OF DOGS. 

34. "Dogs have been considered under the law as 
belonging to a class, us it were between ferae natur- 
ae, in which until killed or subdued, there is no prop- 
erty, and domestic animals, in which the right of prop- 
erty is perfect. They are not considered as being up- 
on the same plane as horses, cattle, sheep, and other 
domestic animals, but rather in the category of cats, 
monkeys, parrots and similar animals kept for pleas- 
ure, etc. Acting then upon tin; i>riiu'iple that there 
is but a qualified property in tliem and that while pri- 
vate interests require that the vahinbh* one shall be 
protected, public interests demand that tlie worthless 
shall be exterminated and tliey have fn)m time imme- 
morial been considered as holding theji- lives at the 
will of the Legislature, and properly falling within 
the police power of the several states. Laws for the 
proteetion of dom<>st'c animals are rrgar'led as hav- 
ing but a limited application to dogs or cats>" 

Santell v. R. ., 10 IJ. S. G98. 

35. The court held tlial e\en if tliey were to be 
regarded as property in tlie fullest sense of the word, 
they would still be suhi<'<'t to tlie police power and 
might be destroyed or othei-wise dealt with, as in the 
judf^^ment of t]\(\ Legislature aj)pea)' necessary for the 
protection of its citiz(^iis ; that it was purely within 
the discretion of the Legislature to say how far dogs 
shall be recognized as property and under what re- 
strictions they shall be permitted to roam the streets. 

36. The Legislature may authorize the killing of 
dogs following upon the track of protected game. 

Comth. V. Frederick, 27 Pa. Superior Ct. ^28. 

37. Under the provisions of a new law recently 
enacted in Pennsylvania to be known as "The Dog 
Law of Ono Thousand Nine Hundred and twenty-one" 
dogs in this State are declared to be peisonal property 
and subjects of larceny. 



GAME LAW DECISIONS. 147 

LEGAL STATUS OF CATS. 

In an opinion rendered by Horace W. Davis, Deputy 
Attorney General of Pennsylvania on June 27tli, 1917, 
it is asserted ; 

"That common law took no cognizance of cats and 
that an exhaustive search of authorities has disclosed 
but one State in which the cat is dignified with one 
of the attributes of property, namely, value." 

Ford vs. Glennon, 49 Atl. 189. 74 Conn. 6. 

He asserts "That other States including Pennsyl- 
vania in listing objects that may properly be termed 
property, have been uniform in their ommission of the 
cat." 

COMMERCE IN GAME. 

38. "A State can forbide traffic or commerce in 
game." 

Geer v. Connecticut, 161 U. S. 519. 
Ex parte Maier, 103 Cal. 476. 
Peonle v. Silz, 219 U. S. 31. 
State V. Weber, 102 S. W.'955. 
Dietrich v. Fargo, 104 N. Y. S. 334. 

39. It has recently been held by the Court of Ap- 
peals of the State of New York, in the case of Lewis 
vs. Clair, the latter a boarding house keeper, that the 
service of game as a part of a table d'hote meal is 
necessarily a sale of such game, and is paid for by 
the payment for the meal at least to the extent of a 
part of the price for such meal. 

STATUS OF IMPORTED GAME. 
People V. Weinstock, 102 N. . S. 349. 
People V. Stilljman, 102 N. Y. S. 351. 
People V. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz V. Hasterburg, 219 U. S. 31. 

STATUS OF WILD BIRDS OTHER THAN GAME 
BIRDS. 

40. In 1907, N. I. Schwartz, of New Orleans, was 
fined for offering 75 aigretts for sale contrary to the 
statute of Louisiana forbidding the possession or sale 
of imported as well as native birds. 

State V. Schwartz, 44 La. 20. 

41. In 1907 an employe of Gimbel Bros., Phila- 
delphia, was convicted before an alderman of that 
city for attempting to sell and having in his posses- 
sion, certain red birds or cardinals, that had accord- 



148 GAME LAW DECISIONS. 

ing to the evidence been brought into the State from. 
other states. On appeal to the Court of Quarter 
Sessions this conviction was sustained and defendant 
was fined. 

Comth. V. Crumley, 16 A. R. 334, 8 Lack. J. 
128. 

BIGHT OF A STATE TO IMPOSE A LICENSE 
FOR HUNTING BY NON-RESIDENTS. 

42. "A State may lawfully impose a license for 
the privilege of linnting upon citizens of other States, 
which is not imposed on its own citizens." 

In re Eberie, 98 Fed. 205. 

43. "A State can prohibit the use of oyster beds 
in the waters of the State by citizens of other States. 
That as fish are common property of all the people of 
the State, a citizen of another State is not invested 
by the Constitution with any rights therein." 

McCready v. Virginia, 94 U. S. 391. 
Ilaney v. Compton, 36 N. J. L. 507. 
State v. Corson, 50 Atl. 780. 

44. "On the 24th day of October, 1904, the Su- 
preme Court of Illinois rendered a decision in the 
case of Cummings v. People, upholding the constitu- 
tionality of the license law, and quoting with ap- 
proval the decision of the Supreme Court of New Jer- 
sey in the case of Allen v. Wychoff and the United 
States Circuit Court of the Northern JDistrict of Illi- 
nois in the case in re Eberle." 

Allen v. Wychofle, 48 N. J. R. 90; 2 Atl. 659- 
45 "In the case of Commonwealth v. Cannon, in 
the Court of Common Pleas of Cumberland county, 
No. 115, Feb. T. 1905. No. 30 County Court Reports, 
p. 637, in overruling the objection filed the learned 
court said : 'It has been however repeadtely held 
that statues which are directed against non-residents, 
but not against citizens of other States, are constitn- 
tional and valid'." 

Rothermol v. Meyerle, 136 Pa. 251. 

State V. Medbury, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co., 36 Ind. 267. 

People v. Lawndes, 130 N. Y. 455. 
A stockholder of shooting club corporation, is not 
an owner of club's real estate. A stockholder in a 



GAME LAW DECISIONS. 

corporation owning a tract of land used as a game pre- 
serve is not an "owner" of the land within the mean- 
ing of the provision of the law, permitting owners of 
farm lands to hunt game on their lands without pro- 
curing a resident license. 

The title to wild game is in the State, irrespective 
of the ownership of the land on which it may be 
found; and the State may prohibit or regulate the 
killing of game, and may impose greater restricUons 
upon non-residents than upon residents. 

The proviso to section 25, was intended to permit 
owners of farm lands, residinpr in this State and their 
children or tenants to hunt game upon those lands, 
within the other limitations of the Game law, without 
procuring a resident license, and was not intended to 
extend that privilege to non-residents. ^,,0-11 

Cummings v. The People, 111. Reports, Vol. 211, 
p. 393. 

ALIENS. 

46. "It is a legal and political axiom that protec- 
tion ' and allegiance are reciprocal. Aliens resident 
or sojourning here, do not owe the full measure of 
allegiance exacted from the citizens, nor can they en- 
joy all the rights, privileges and immunities of citizen- 
ship." 

Luke V. Calhoun Co., 52 Ala. 115, 121. 
Cyc. of Law and Procedure, Vol. 2, page 88. 
Note 23. 
The court in the case of Com. v. Joseph Papsonc, 
among other things says : 

47. "Nor does the provision of the fourteenth 
amendment which declares, 'No State shall make or 
enforce any law which shall abridge, the privilege^ or 
immunities of citizens of the United States,' affect 
this defendant in any way, as he is not a citizen. 

"An alien while domiciled .with us, is entitled to 
the protection of the laws and owes in return for hia 
protection a temporary and local allegiance which con- 
tinue during the poriod of his residence : 2 Am. & Eng. 
Enc. of Law 6i. We legislate primarily for our own 
citizens in granting the special privileges that are 



148 



^^ GAME LAW DECISIONS. 

^tef ?^"^ ""/ •'^"'' inherent rights. The alien is pro- 
hibited from doing many things to which a native born 
or a naturahzed citizen is entitled. He cannot ex 
ercise any po htical rights whatever, nor be compelled 
to fill any elective or appointive office. He is not 
qualified to serve as a juror; or to receive a license to 
fnHt T'?'''.u'''\'^ ^I P^^^^e- ^ non-resident is not 
F.c %i-o?o?' ^-7'^^ ^^ °"^ ^300-00 exemption law 
otf's own'diTzenr"^ ""'"^'^^^ ^^"« ''' ^^^ ^-^fi* 
Tlie privilege to hunt game has been limited to our 

llSvT^o'^'if'L^Z' -'fl'^ Prosser v/ Illinois 
-ixo u. ^.^oJ, It the plaintiff m error has anv ^snoli 
privilege he must be able to point to he provis on 

which are not expressly or by implfcation nfacid nn 
der Its jurisdiction. All that cannot be so grSnted oi^ 
so^secured are left to the exclusive protection o? the 

"Whatever one may claim as a right under th^ 
Constitution and laws of the United sfates by virtue 
of hi^s citizenship, is a privilege of a citizpn r^f f^! 

hP ^n ^-"^ ^^^^'^ '"^^^^^« ^""^ to exemption from 
he may claim as an exemption in respect to and such 
a nght or privilege is abridged whenever the State 
i^l'^'-f^^'f-T*'^^ ^°y legitimate opera^Ln of Fede?nl 
authority which concerns his interest, whether tb' 
an authority actively exerted, or resting only in the 
express or implied command or assurance of the Fed- 
eral Constitution or law. But the United States can 
neither grant nor secure to its citizens, rights or 
privi eges, which are not expressly, or by reasonabl 
implication, placed under its .iurisdiction and aH not 
so placed are left to the exclusive proJ^cdon of ?he 

r.r.^^H ^t^^^i^nt is not a citizen of the United States 
?nH«?r ^^'^ Commonwealth. While he is within ou^ 
jurisdiction he is entitled to the equal protection of 



GAME LAW DECISIONS. 151 

the laws, subject to the limitations of the class of 
which he is a member. . 

Com. V. Joseph Pausoue, 44 Pa. Superior Ct. 
129. Pa. Supreme Ct. 231, p. 232 U. S. 
138. 
48 "Citizens of other States have no property right 
which entitles them to fish against the will of the 
State, afortori, the alien from whatever country he 
may come, has none whatever in the waters, or the 
fisheries of the State. Like other privileges he en- 
joys as an alien, by permission of the State, he can 
only enjoys as much as the State vouchsafes to yield to 
him as a special privilege. To him it is not a propertjr 
right, but is in the strictest sense a privilege or favor. 
Rothermel v. Meyerle, 136 Pa. 251. 
State V. Meddery, 3 R. I. 138. 
Chambers v. Church, 14 R. I. 398. 
Sears v. Warren Co., 36 Ind. 267. 
In re Ah Chong, 2 Fed. Rep. 736. 
The possession of a shotgun or rifle by an alien, 
operating a shooting gallery is a violation of the Act 
of May 8th, 1909- ^ . ^^ 

Comth. V. Charles Maloof, 49, Pa. Superior Ct. 

581. , , . . . 

A conviction may be had under the provisions of 
the Act of April 14th, 1903, requiring non-residents to 
secure a license before hunting in this Commonwealth, 
without showing that the defendant had not taken out 
a license in any other county of the State. 

Comth. V. Cannon, No. 30 County Court R. 6d7. 

RESIDENT HUNTER'S LICENSE. 

A land owner's right to take fish, or game, on his 
own land, which inheres in him by reason of his 
ownership of the soil, is a property right, subject to 
the States ownership and title, held to regulate and 
preserve game ^^^ , , 

State V. Mallory, 83 S. W. 955, Arkansas. ^ 

An Act providing that no person shall at any time 
hunt with a gun any of the wild animals or birds, 
that are protected during any part of the year, with- 
out having procured a license, etc., is Constitutional 
• and a reasonable exercise of the police power for the 
protection of game. oi^ ^ ^ • 

The power of the Legislature to enact Statutes, is 
plenary, except in so far as that power has been lim- 



162 GAME LAW DECISIONS. 

ited by the Constitution, and every presumption is in 
favor of the Legishitive enactments. They will be de- 
clared unconstitutional and void when they are clearly 
violative some express Constitutional limitation. 

Kyle V. People, 80 N. E. 1081, Illino s. 

State V. Holcomb, 191, Pac. 1072, Kansas. 

Cummings v. People, 211, 111., 392, 71 N. E. 
1031, Illinois. 

RIGHTS OF THE PEOPLE. 

49, "When the interest of the private manufac- 
turer and tlie public weal come in conflict, from the 
legislative standpoint, the public at large are to have 
the preference. 

Halter v. State, 7 L. R. A. N. S. 1079. 
Comth. v. Kenny, 32 Penna. Superior Ct. 544. 
Comth. v. Bercaw, 30 Penna. Superior Ct. 335. 
N. Y. etc., R. R. v. New York, 165 U. S. 
GP>3. 
♦ ♦ ♦ * So that, a specially designated gun, which is 
made particularly effective and proportionately dan- 
gerous to game, comes within the class of dangerous 
agencies either to be regulated or prohibited as the 
Legislature may decide. 

The judgment of the Court below is reversed, and 
the record is remitted to the end tbat the sentence 
imposed may be fully carried into effect." 

Commonwealth v. McComb, 39 Pa. Superior Ct. 

411. 

Judge Orlady in his opinion handed down in the au. 

tomatic gun case, after citing numerous methods that 

might not be legally used in the taking of game says : 

50. "The swivel gun referred to in the Act of 1897, 
is described as a small cannon, revolving on a sw.vel, 
so that it may maim or kill a number of game at a 
single discharge, but it is always under the direction 
aiid control of the operator. The automatic gun men- 
tioned in this act is described as one that s fired from 
the shoulder, and the recoil developed by the exploded 
cartridge ejects the shell, cocks the hammer, and feeds 
in a fresh cartridge from a magazine into a chamber 
of the gun,' so that all that is required to discharge it 
is to pull the trigger. It is not necessary to justify 
the wisdom of the Legislative enactment ; the whole 
question has so frequently been the subject of dis- 
cussion in the Legislature and Courts, that we must 



GAME LAW DECISIONS. 

accept it aa a result of their deliberations, that the 
automatic gun is not a proper weapon for tlie killing ol 
game, within tliis Commonwealth. Nor are the Courts 
concerned about a technical though trifling interference 
with the pleasure of a hunter or the property interest 
of a gun maker. Indeed, the source of the police 
power, as to game flows from the duty of the State to 
preserve for its people a valuable food supply. • * * * 
The exercise of this power, therefore, conies directly 
within the principle of Plumley v. Mass. 155 U. S. 461, 
and Silz v. Hostcnhurg, 219 U. S. 31." 
JURISDICTION. • 
51 "The Courts of Quarter Sessions shall also have 
jurisr^ ction in cases of fines, penalties or punishments 
imposed by an act of Assembly for offenses, misde- 
meanors and delinquencies, except when it shall be 
otherwise expressly provided and enacted." _ 

The Criminal Procedure Act, March 31st, 18b0, 
P. L. 427, Sec. 32. 

52. A Justice of the Peace has the right of Sum- 
mary Conviction only when the right is distinctly 
and specifically g ven by the act under which suit is 
brought . __ 

Comth. V. LaBar, 32 Sup. Ct. p. 228. 

53. Where concurrent jurisdiction exists in (Jif- 
ferent tribunals the one first exercising jurisdiction 
rightfully acquires control to the exclusion of the 
other. . . 

Whartons Crim. PI. and Practice, 8 Edition, 

Sec. 441-451. 
Hugh Cr m. Law and Procedure, p. 663 Sec 

2564. 

FRAUD. 

54. A former conviction secured by the fraud of the 
defendant is no bar to a subsequent prosecution. 

Whartons Crim. PI. and Prac, Sec. 451, 8th 
Edition. 

55. It has also been held that a former conviction 
or acquittal procured by fraud of the defendant is no 
bar to a subsequent prosecution. 

Infra. Sec. 849. 

56. A new trial will be granted where it appears 
any unfair trick or artifice had been employed, result- 
ing in favor of the party using it ; thus a new trial 
was granted, where the defendant by artifice of the 



158 



154 GAME LAW DECISIONS. 

prosecuting attorney, wont to trial without contra- 
vening testimony, under the belief that certain witness 
of the State were absent while in fact they were 
present and concealed by the prosecution. 
Infra. Sec. 852. 

57. In cases however M-here the verdict has been 
obtained by fraud of the defendant, such for instance 
as the collusive or forcible keeping back witnesses 
for the prosecution, the verdict may be treated as a 
nulity. 

Infra. Sec. 786. 

58. Wherein the complaint was made to a justice 
by a person employed to do so, by the defendant, and 
the warrant was served and witnesses subpoenaed by 
the defendant's direction, and, an attorney retained 
and paid by him, to appear on the part of the State 
and the circumstances of the case, were so represent- 
ed to the justice that he imposed a lighter fine, than 
he otherw se would have done, the case was held open 
to another trial. 

State V. Little, 1 N. H. 257 
Com. V. Jackson, 2 Va. Cas. 501. 

59. Of coruse, there is, in what has been said, no 
reference to a verdict of acquittal, obtained in a sham 
prosecution, instigated by the defendant himself and 
managed by him, with a view of forestalling, on the 
ground of such acquittal, a bona fide prosecution by 
the State. 

Smith V. Pfluger, 10 Dist. Repts. 717-718. 

60. It has been many times decided and may be 
regarded as settled law, that if one procures himself 
to be prosecuted for an offense he has commit ted think- 
ing to get off with slight punishment, or none, and to 
thus bar a prosecution in good faith, by the State, , 
for the same offense, if tlie proceedings in reality, 
managed by himself, either directly, or through the 
agency of another, and the State while a party in name 
is not so in fact, and had no actual agency in the 
matter, the judgment thus procured is void and af- 
fords no protection 

Shindler v. State, Indiana Supreme Court, Oct. 

1891. 
Crim. Law Magazine, Vol. 14, 204. 

61. While the judgment in such cases as those 
before cited are fradulently procured and are frequent- 
ly said to be void because of fraud practiced, it is 



GAME LAW DECISIONS. 155 

apparent, that a better reason for holding them void 
and not binding upon the State, ds, that the State is 
not a party to them. 

The State can no more be bound by a judgment to 
which it is not a party than can a citizen of the State. 
Never having been a party to it, or having any not- 
ice, or knowledge of the proceedings, it may be treated 
as a nulity. ''' * * * ''' In speaking of sucli cases. 
Bishop well says : "He, (the defendant) is, while 
holding his fate in his own hands, in no joopaTTly. The 
plaintiff is no party in fact, but only such in name, 
the judge is imposed upon, indeed, in point of law, ad- 
judicates nothing. All is a mere puppet show and 
every wire, moved by the defendant himself." 

1st Bishop Cri. Law, Sec. 1010. 

10 Dist. R. 717 

HORNS ON A DEER. 

62. In a prosecution for illegally killing a deer, it 
is no defense tliat the respondent was ignorant of the 
fact that the animal was without horns. 

Vermont Reports; No. 75, Vol. II, Page 438, 
1903. 

63. 'In a prosecution for killing a deer not "having 
horns" n violation of No'. 94, Act of 1896, when it is 
undisputed that the deer had horns, only to the extent 
of bunches which did not protrude through the skin, 
whether these bunches were "horns" within the mean- 
ing of the statute, is a question of law for the court to 
rule upon, and not a question of fact for the considera- 
tion of the jury. 

A deer which has no horns protruding through the 
skin, so that they can be seen to be horns, is not a 
deer "having horns" within the mean ng of No. 94, 
Acts 1896. 

Vermont Reports; No. 77, Vol. II, 175. 

RIGHT OF CONSTABLE TO REWARD. 

64. Constables are entitled to the rewards for se_ 
curing convictions for violation of gjimc, fish or for- 
estry laws, as fixed by act of March 22, 1899. 

A. C. Lee, Const, v. County of Wayne. 

65. Deputy Game Protectors are not entitled to 
the reward of $10, given Constables under tlie pro- 
visions of the Act of March 22nd, 1899. 

H. H. Almes v. Indiana Co. 45 Pa. Superior 
Ct. 137. 



156 GAME LAW DECISIONS. 

COUNTIES LIABLE FOR COSTS. 

66. Under the Act of April 16, 1903, P. L. 213, 
counties are liable for costs in all cases where an 
officer of the Commonwealth whose duty t is to pro- 
tect our game, song and insectivorous birds in good 
faith, brings suit for viohition of such laws, and for 
any legal cause fails to recover same. 

Commonwealth vs. Dickinson, 62 Pa. Super. 
Ct. 468: ' 

"The record shows that the prosecution was insti- 
tuted by a public officer whose duty it was to enforce 
the Game Laws of the Commonwealth ; and there be- 
ing nothing to suggest that it was recklessly or ma- 
liciously brought, or that there was lack of sufiicient 
cause. Tlie amount of the cost is not before us for 
taxation ; that phase of the question has never been 
passed on by the Court below, and if there are errors 
in the bill as filed, it may be corrected under the 
usual procedure ; the Court retains control of that 
question until they are paid. 

"No good reason being shown for refusing to make 
the order that the County should pay the costs of 
prosecution, the order of the Court below is reversed, 
and it is now ordered that the costs authorized by the 
Law in this case to be taxed of record, be chargeable 
to and paid by the County of Clearfield. 

Walker vs. Jefferson County, 33 C. C. Reports 
298: 

"It is the duty of the Board of Game Commission- 
ers, Game Protectors and Doputy Game Protectors to 
protect game, and to enforce by proper actions and 
proceedings the Laws relating to the same. The Act 
of Marcli 22, 1899, P. L. 17, makes the Constables of 
the various wards, boroughs and townships of the Com- 
monwealth ex-officio Game and Fish Wardens, and m- 
poses the duty to enforce the statutes then in force 
or thereafter enacted for the protection of game, etc. 
♦ ♦ . . . . *In such words power and authority mean 
duty and obligation, and in my opinion that the State 
Police act as Game and Fish Wardens is essentially 
of a mandatory character ; and, therefore, they are 
uithin the protection of the Act of 1903, and when 
in good faith institute proceedings for violation of the 
Game Laws, which fail, the County is liable for the 
costs of record in such proceedings. Carr et al vs. 
Northern Liberties, 35 Pa. 324; McDade vs. Chester 
City, 117 Pa. 414." 



GAME LAW DECISIONS. ^^^ 

Smith vs. Clinton County, 17th Dist. Reports 
T« fhp^nbovp case the plaintiff brought suit against 

of April 16, 1903, P. L. 213. 

FERRETS— RIGHT TO CONTROL. 

67 The provision of the Game Law r< ■quiring per- 
sons to sec\i?e a license before breeding, selling or hav- 
Wferres in possession has been held to be constitu- 
Sonalbv Judge Edwards, in Lackawanna County, in 
the case of Commonwealth vs. Lewis Boero (July 2, 

1917) 

' RESPONSIBILITY OF JUVENILES. 

Under an opinion of Hampton L Carson, Attorney 
General of Pennsvlvania dur ng the term o^ Go^f- 
nor Pennypacker,'it is asserted a P^.™ "^f^Vas 
np^P of sixteen years is just as responsible and just as 
liable to have imposed upon him the penalties pre- 
^Xd bv the Game Laws of this State fo; ^'i^^f/^^ 
S i^ nrovisions as is any other person. The Attor- 
ney General in this Opinion asserts that no one short 
nf the Jud-e of the Court of Quarter Sessions is vest- 
ed with authority to waive these penalties or in any 
manner tS relieve a juvenile of responsibility m a mat. 
ter of this kind. ^-r-o-r^cj 

70 DAMAGES BY WILD ANIMALS OR BIRDS 
William G. Barrett, et al.. ) COURT OF APPEALS 
^s V No. 203. 

State of New York. ) A-McL-Ho-ChJ-Cha-P-Ci 
Tn this case damages were claimed because beaver 
nrSUted by the State of New York had cut down cer- 
tl?n trees The Court held the State ^as not liable. 

S such clamages, and, ^-the., that the L^^-l^tur^^ 
alone had power in a matter of this kind, me <^ourr 

^'Th\'pro[ecUoTamf of . game has been 

BBCuied by law in all civilized countries and may be 



158 GAME LAW DECISIONS. 

justified on maay grounds. * * * * * rpj^g measures 
best adapted to tli s end are for the legislature to de- 
termine and courts cannot review its discretion. If 
the regulations operate in any respect unjustly or op- 
pressively the proper remedy must be applied by that 
body." 

^ Phelps V. Racey, 60 N. Y. 10. 
"Wherever protection is accordediiarm may be done 
to the individual. Deer or moose may browse on his 
crops, mink or skunks kill his chickens; robins eat his 
cherries. In certain cases tlic legislature may be mis- 
taken in its belief that more good than harm is oc- 
casioned. But this is clearly a matter which is con- 
fided to Its discretion. It exercises a governmental 
1 unction for the benefit of the public at large and no 
one can complain of the incidental injuries that may 
result. 

Lawton v. Steele, 152 U. S. ].*^3. 
RESPONSUilLITY OF SHERIFFS. 
68. In an Opinion rendered by Horace W. Davis, 
Deputy Attorney General of Pennsylvania, on June 
30th, 1015, It is asserted : 

"Under these Acts which provide for a fine, and in 
defa^ilt of payment of this fine imposed, and in which 
an alderman or justice of the peace has original juris- 
diction, a commitment cannot be interfered with or the 
prisoner discliarged, except upon an order of the Court 
of Quarter Sessions obtained after a reversal of the 
conviction or by an order of the Court of Common 
Pleas under the Insolvent Debtors' Acts for the dis- 
charge of the prisoner after he has served a^n im- 
prisonment of at least three months where the fine 
exceeds fifteen dollars. 

See Johnson's Petition, 2 Dis. Rep. 700. 
C9mmissiouers have, in times past, assumed to 
exercise the authority of ordering the discharge of 
prisoners committed for non-payment of fine or costs, 
nie absolute want of any such autliority is clearly 
set forth in the case of Crawford County vs. Barr, 
92 Pa. 359, as stated by Justice Trunkey in this case : 
'County Commissioners have no power to dis- 
charge a prisoner or to remit fines, forfeitures 
and costs. If courts have siuictionod tlieir acts 
m paying costs out of the County funds, where 
a party, was committed solely in default of pay- 



GAME LAW DECISIONS. . 159 

mcnt of costs, that does not authorize their inter- 
ference when there lias been a conviction and 
sei^tenoe for a criminal offense.' 
See also Schwamble vs. The Sheriff, 22 Pa. 18. 
"The action by the sheriff in releasing a prisoner 
sentenced for default of pay,Tiicnt of fine, such re- 
lease being made only on the order of the County 
Commissioners, is not so much the fault of the as- 
sumption of authority by the Co,mmissioners as the 
dereliction of the sherilf in permitting the release of 
prisoner without proper warrant of law. 

As stated in Kuhn vs. North, 10 S. & R., 399. 
'The sherilf acts in all cases at his peril and is 
answerable for any mistakes. Infinite inconven- 
ience would arise if it were not so.' 
"The action of the sheriff in releasing any prisoner 
without an order of the Court and before the prisoner 
has served a da[y for each dollar of fine imposed 
renders the sheriff and securities on his recognizance 
liable for the amount of the fine. 

See Walberton et al., vs. Commonwealth, 7 S. 
& R. 272." 



RIGHT TO RE-ARREST. 

69. In this same Opinion, Mr. Davis, regarding the 
right to re-arrest a prisoner thus illegally discharged, 
says : ^ 

"In instances which have heretofore occurred where 
the sheriff has illegally released prisoners committed 
for non-payment of fine imposed under the various 
game laws of this State, you should direct such 
sheriffs to re-arrest the prisoners so released. As 
stated in Schwamble vs. The Sheriff, above cited : 

"The person convicted having been discharged 
from prison by the deputy sheriff by the direc- 
tion of the" County Commissioners without pay- 
ment of fine was lawfully retaken by the sheriff." 



160 GAME LAW DECISIONS. 

70. COrJSTITUTIONALITY OF LAW FORBID- 
DING THE SHIPMENT OF GAME BY 
PARCEL POST. 
A California statute probibitiug the shipment of 
game by parcel post was declared to be constitutional 
by the California Supreme Court in the case of Cali- 
fornia vs. Frank Phoedovius, 170 Pacific Reports, 412. 



INDEX TO OAME LAW'S. 161 

INDEX TO GAME LAWS. 



A. 

Page. 

Abatement of penalty for killing a deer or elk by mistake, 97 

Acknowledgement of offense, right of, 26-37 -43-45-53-57-'91-97-121 

Advertisement by Game (JummissAon, 41-80-101 

Affidavit, bounty, taken by Game Protectors without fee, 9o 

Affidavit, bounty, taken by Justice, Special Deputy Game Protectors 

and other officials ' 92 

Aid in making arrests 14 

Air-rifle, use of in taking game prohibited 74 

Alderman to take affidavits in claims for bounties, 92 

Alderman not to mi. ..late skin or pelt in claimi for bounty, 93 

Aliens, imnaturalized, not to be possessed of shotgims, rifles, revolvers 

or dogs 22-50 

Anatidae, game birds (see waterfowl) 59 

Animals and birds destructive to game, 61 

Annual report from propagating plant C6 

Annual report from taxidermist 64 

Apparatus, forfeiture of, 14-24-33-35-46-57-61-118 

Appeal, right of, 20-37-42-56-90-121 

Application of fines and penalties 

15-19-21-25-36-39-41-42-47-52-57-58-90-97-120-122-123-124 

Application for certificate to take birds, 62 

Application for certificate to practice taxidermy 64 

Application for certificate to operate propagating plant 65 

Application for license to breed, sell or have ferrets in possos.sion, ... 63 

Appointment of Game Commissioners, 10 

Appointment of Game Protectors 11 

Appointment of Special Deputy Game Protectors , 21 

A'-rests, aid in making, 14 

Arrests, on Sunday 13-16-24-52 

Arrest, resisting or interferring Avith, 14-34-45-56-119 

Arrest, witliout warrant 13-16-24-33-39-46-52-57-122 

Artificial lights prohibited 74 

Automatic guns , 21 

Automobiles, game not to be killed from, 74 

Auxiliary Game Preserves, public, establishment of, 99 



Ball or bullet, in hunting deer, 81 

Ball or bullet, shooting of controlled, 122 

Bam Swallow, protected, 69-70 

Bam Owl, protected 69-70 

Barred Owl, not protected, 71 

Bay or Canada Lynx, commonly called wild-cat, bounty on, 92 

Bear, game animal, 60 

Bear, open season for 71 

Bear, not to be killed as game with shot 81 

Bear, num])er that may be killed by any one pcrsun, 73 

Bear, number that may be legally killed by one camp or parry 78 

Bear, may be killed as protection to person or property 79-80 

Bear, may be killed by Game Commission when becoming nuisance, . . 79 



162 INDEX TO GAME IJ^WS. 

Page, 

Bear, may be killed when a nuisance in counties opened ^^ ^^^^^^^ ^^°'; gQ 

BelTm^y be' shipp'eil 'when 'prope'riy 'nmi-ked; 'except' bV" p'arc^l' post. 87 

Bear! taking in steel traps, dead-falls or pens, prohibited 74 

Beaver protected at all times 69-70 

Bee-bird . protected ■ ■ " ' V ' ' j I'l rk 

Belgian or German Hare, no license required to breed or sell 85 

Birds, may be taken under certilicate, ^^ 

Birds, nests and eggs protected, gg 

Birds, not to be kept in cages • • ' ;,' l-" 60-70 

Birds, oth^r than game birds, protected at all times "^ < ^ 

Birds, other than game birds, not protected 69-70 

Bittern, protected, 69-70 

Black-cap, protected 59 

Black Bird, game bird, Y2 

Black Bird, open season for .• • • 1 \\ 7ft 

Black Bird, mav be killed as a protection to property, '^ 

Black mrd. maV be killed under direction of Game Commission 79 

Black Squirrel, game animal (see squirrel) 69-70 

Blue Bird, protected, 69-70 

Blue Finch, protected, ," ' • 4-* 1.' ' * '■,' r'^',.',\ 71 

Blue Heron, not protected, (Protected under National Law) ^J 

Blue Jay, not protected ' * ' * "iV hl'i^ Vn 4fil.'^7-61-118 

Boat, forfeiture of to Commonwealth 14-24-33-d5-4b 57 bx xio 

Boat, kind that may be \ised m hunting ^2 

Bobcat, or wild cat, bounty on, •• 70.1^5 

Bobolink, or Reed Bird, game bird, open season for s':^ 84 135 

Bought or sold, certain game cannot be ^g ^^.j^qq 

IZJv'ilavitVto'^be'takeA'by-Ga'me'Prot^t^^^^^ 95 

iZtv*, affidavit for to be taken by Justices. Special Deputy Game Pro- ^^ 

tecto'rs, etc., claimant to pay fee, g2 

Bounty, on noxious aninials. • • • ,' " V ' * V * * ' ' 

Boitraps, resident under 14 may lake rabbits with, on lands whereon ^^ 

Bo?s'7 beTwe'Si' li' and '16 ' to ' receive ' ii'ci^nse ' to ' huAt ' by' 'consent of ^^ 

parents or guardian .■■;■* 28 

Bovs under 14. not to receive license to hunt, • • • • 

Boys'. Sr 14 may take rabbits in box traps on lands whereon they ^^ 

reside r ••' ",: 59 

Brant, game bird (see waterfowl) ^q 

Broad-winged hawk, not protected. . • . • • • _2 

Buck deer with horns at least four inches above skull ' ^ 

Buck shot, not to be used in killing deer or bear °^ 

Bullet or ball in hunting deer and bear ^22" 

Bullet, shooting of, controlled 69-70 

Bimting, protected , ^0 

Buzzard, not protected. 

C. 

flQ-TO 

Cages, birds not to be confined in , '-g 

Camps and hunting parties must keep roster eQ-70 

Cardinal, or red bird, protected, gg ^^q 

Cat Bird, protected, I47 

CatP, legal status of \- / ■, 69-70 

Cedar bird, or wax wing, protected 



INDEX TO GAME LAWS. 163 

Page. 

Certificates for taking birds, Ordinary, 62 

Certificates for taking birds , Special, 62 

Certificate for non-resident before limiting or trapping 64 

Certificates for resident before hunting for game, 27 

Certificate for propagating purposes, 65 

Certificate, forfeiture of 66 

Certificates not transferable, 61 

Chasing game on Simday forbidden 71 

Chat, protected, 69-70 

Cherry Bird , protected, 69-70 

':!hewink, protected, 69-70 

Chicadee, protected, 69-70 

Ciiipping Sparrow, protected, 69-70 

Claims for bounty, procedure to procure 92 

Close season defijied 60 

Closing counties to hvmting for certain birds and animals 30 

Closure of county by Governor 49 

Collars on dogs 83-104 

Common carriers, not to accept game for fshipment out of State, .... 88 
Common carriers, not to accept game for shipment unless ^properly 

marked • • 87-89 

Concealment of game illegally killed punishable by full penalty 73 

Cohfiscated game 14-33-46-57-78 

Confiscated parphemalia, 14-24-33-35-46-57-61-118 

Constables, game wardens, 15 

Constables, to kill dogs, 82-83-109 

Convictions, summary 19-20-25-36-41-44-52-56-89-115 

Coon, game animals (see Racoon also Fur-bearing animals) 60 

Cooper's Hawk , not protected. 70 

Coots , game birds , 59 

Coots, open season for. State law 72 

Costs of suit, liability for (also see citations, page 156), 18 

County may be closed to hunting 39-49 

County Treasurer to issue Non-Resident Hunter's Licenses 54 

County Treasurer to issue Resident Himter's Licenses, 27 

Count decisions • • . . 137 

Craft , certain kinds forbidden in hunting 75 

Creeper, protected, 69-70 

Crow , not protected , 71 

Cuckoo , protected 69-70 

Curlew, game bird ....•• 59 

Curlew, open season for. State law 72 

Curlew, not to be killed until after 1926 under treaty with Canada, .... 135 

Cured or tanned skin may* be had in possession if secured legally, .... 71 

Cutting den trees prohibited, 117 

D. 

Deception of wild game forbidden, 74 

Decisions pertaining to game and ftsh, 137 

Decoys, for wild water fowl, may be used, 75 

Decoys, may be forfeited 14-24-33-35-46-57-61-118 

Decoys, number and dLstance apart ther must be placed 75 

Deer, game animals, 60 

Deer, buck with horns 4 inches above skull, open season for 73 

Deer, number that may be killed by one person,. 73 

Deer, number that may be legally killed by one camp or party hunting 

together 78 

Deer, tag must be attached t» within 6 hrs 78 



164 INDEX TO GAME LAWS. 

Page. 
Deer, attemp to kill or wOTUid a second, by standing en watch or other- 
wise proliibited '^ 

Deer, does, fawns not to be shot at, . . . '. J^ 

Deer, dogs chasing to be killed by .any person 8a 

Deer, killed in preserve properly licensed 65 

Deer, killing of permitted when caught materially destroying crops, . . 79 
Deer, killed as a protection to property must be sent to hospital or 

charitable institution •. '^ 

Deei-, killed of pennitted when caught materially destroying ^crops, ... . '» 

Deeri killing at lick prohibted, |^4 

Deer, may be killed by Game Commission when becoming nuisance, 7» 

Deer, not to be bought or sold if killed in a wild state,, of 

Deer, not to be killed with giui discharging more than one ball, 81 

Deer, nut to be killed in water 81 

Deer, shipment bv parcel post absolutely prohibited »« 

Deer, shipment of, Avithin State permitted when properly marked, 8f 

Deer, shipment out of State prohibite<l co oo 

Deer, shipment out of state, exceptions qk 

Deer, time same may be had af'er close of season oo 

Deer, use of deceptions in taking, prohibited, 74 

Deer, use of dogs in hunting forbidden • • • • • • • • • »1 

Defendents may acknoAvledge offense and pay penalty 26-37-4d-45-&d-D7 

01-97-122 

Den trees, cutting of prohibited • llj 

Deputies, special appointment and rights of ^i 

Designation of season 

Destruction of birds nests prohibited, 



60 
69 

Destructive animals may be killed VV oVoo 'orAa'^T ci lis 

Disposition of boats, guns, etc., nhen seized 14-24-33-do-4b-57-bl-ii» 

Disposition of gania when seixed ■'■*"'^ 2ncn 

Disposition of game killed as protection to crops, etc 117 

124 „o 

Does and fawns not to l>e shot at, ' •;• 

Dogs, found running deer or elk may be killed by any person »^ 

Dogs, found running small game may be killed by certain persons and 

owners prosecuted _- 

Dogs, in woods during deer season °J 

Dogs, mav be killed upon affidavit made within two years VnV-iin-i^p. 

Dogs, legal status of •••;••• l">i-llU--^*» 

Dogs not to be possessed by unaturalized foreign-bom residents w 

Dogs , not to be used in deer hunting, °\ 

Dogs, owners or persons harboring to secure license for . . . xu^ 

Dogs, owners or persons harboring, liable to penalty so 8^ 

Dogs, public nuisance, sq 

Dogs , time for training, • i*^ 

Double liability, when dogs chase deer or elk after notice »^ 

Doves nrotected aq 70 

Downev Avoodpecker. protected on-tv 

Duck, "wood, absolutely protected by National regulation. 

Ducks, Avild, game birds (see waterfowl) oa 

Duck haAvk. not protected ••.•;.• \ «h 

Duplicate tags, mutilation or second use of, prohibited wo 

Duplicate tasrs. to be returned to Game Commission »» 

Duty of Assessors, • ' ' • • • • . ^Q 1 2'> 

Duty of Constables 15-82-8d-10y-iJ;- 

Duty of Court of Quarter Sessions -^ ' 



INDEX TO GAME LAWS. 165 

Page. 
Duty of Foresters, Forest Rangers, Game Protecters and Fish Wardens, 4S 

Duty of Game Commission, H 

Duty of Game Protecters 12 

E. 

Eagle, protected • • 69-70 

Educational purposes, animals and birds maintained for, 61 

Eggs, and nests of Avild birds, not to be disturbed, 69 

Egret, absolutely protected. 69-70 

Egret plumes, not to be sold in this Coramonwealtli 69 

Elk , Game animal, 60 

Elk, killing prior to 1923 prohibited, 76 

Elk, may be killed by Game Commission when becoming nuisance, .. 7S 

Elk, may be killed by property owners \mder certain conditions, .... 79 

Elk, may be taken by still hunting only after 1923 761 

English Pheasant (not raffed grouse) , game bird (vsee pheasant) ..... 59 

EJvidence. prima facie 24-30-51-55-77-85-117 

Evidence to be heard by Aldermen, IVIagistrates , and Justices of the 

Peace 19-20-25-36-41-44-52-5^-89-115 

Expenses of Game Protecter, 15 

Expenses of Special Deputy, neither State nor con'^tv li:Tbie fm- 21 

Express Company, not to accept small game for shipment Tinless prop- 
erly marked and accompa'ined by owner 87 

Express company, not to accept large game for shipment imless properly 

marked, .^ 87 

Express company not to carry game out of State ' 88 

Express company, not to carry game out of State, exception 88-89 

F. 

Fawns and does, not to be shot at, 73 

Ferret, in hunting, use of prohibited 75 

Ferret, license to ov»n, have in possession, breed (or sell, 63 

Fees for certificates, 27-54-63-65-66 

Fee for boimty affidavit taken by officials othier than paid protectors 

to be paid by claimant, 03 

Fines, disposition of. 15-19-21-25-36-39-41-42.-47-52-57-58-90-97-120-122-1. !3-124 

Finch, protected C9-7» 

Fireamis, unnaturalized foregn-bom residents forbiden to possess... 23 

Fireanns, use of prohibited in certain places, 38-44-100 

Fish Hawk, or Osprey, protected 69-70 

Flicker, protected 69-70 

Fly-catcher, protected 69-70 

Foreign-born residents, unnaturalized cannot be possessed of dogs, .... 50 
Foreign-bom residents, mmalfuralized. cannot be possessed of shot- 
guns, rifles or pistols 23 

Forfeiture of boats, eta 2(0-37-42-56-90-121 

Forfeiture of certificate, 31-63-6^ 

Forfeiture of dogs in possession of aliens 51 

Forfeiture of game and shootin? paraphernalia 20-37-4-2-56-90-121 

Forfeiture of guns by unnaturalized foreign-bom residents, 23 

Fowl, wild water, game birds (see water- fowl) 59 

Fox not to be brought into this State or reared in captivity and re- 
leased , •■.... 6© 

Fox. red and grey, bounty on , •; 92 

Fox squirrel, game animal (see squirrel). 60 

Fur-bearing animals, protected open season for 11 fl 



166 INDEX TO GAME LAWS. 

G. 

Page. 

Gallinules , game birds 59 

Game, acceptance of from paid guide proliibited 86 

Game, Classification of 59-60 

Game , comuierce in, h • • . . 83-84 

Game Commission, appointment of, 10 

Game Commission, Secretarj' of 11 

Game Commission , duties of 11 

Game Commission, meeting of, 11 

Game Commission , game laws not tC apply to when acting for the . . 

State 81 

Game i. unimissioii, liglit to destroy vcinim, 61 

Game, concealment of when illegally killed, proliibited 73 

Game, disposition of, vhen seized 14-83-46-57-78 

Game, forfeiture of 14-33-46-57-58 

Game, himting for wages or hire, prohibited 86 

Game, importation of alive without inspection, prohibited, 69 

Game. In transit 88-89 

Game, large, may be shipped within the State when properly marked, 

without accompanying same, 87 

Game, limit of number to be taken, 72-73 

Game, non-residents with license may cari-y out of State 89 

Game, not to he taken between sunset and sunrise, 74 

Game, not to be taken between srmset and sunrise, exception, 74 

Game, open season for 71-72 

Game, ownership and control of 137 

Game, possession of during close season 71-85 

Game preserves. Auxiliary, controlled by State, public, 90 

Game preseiTcs, owned by private individuals, 65 

Game preserves, public, on lands owned or leased by State 43 

Game Protectors, appointment of 11 

Game Protectors, Special Deput>', appointment of 21 

Game Protectors, powers of 12-13-14 

Game Protectors, surrender of all penalties collected to Commonwealth, 15 

Game Protectors, tenure of office 12 

Game I'rotectors, to take affidavit in claims for bounties without fee, 95 
Game Protectors, Special Deputy, to take boimty affidavits, claimant to 

pay fee, • • 95 

Game, purchase and sale of certain kinds prohibited 83-84 

Game, removal out of State prohibited, 88 

Game, removal out of the State permitted under certain conditions. . . 88-89 

Game right of the State to control, 137 

Game, small, not to be accepted by common carrier for shippment unless 

properly marked and accompanied by owner 87-89 

Game, shipment of by Parcel Post, absolutely prohibited, 86 

Game, tagging of, killed in private preserves, 67 ■" 

Game, tagging of killed in wild state when shipped, 87-89 

Game, time same may be held in possession , 85 

Game, to be taken only through Mse of gam 74 

Gender defined 27-59 

Gnat-catcher, protected 69-70 

Goose, wild, game bird (see water-fowl) 59 

Goshawk , not protected. 70 

Governor authorized to close counties to hunting, etc. , 49 

Grackle or Blackbird, game bird (see Blackbird) 59 

Grass Snipe, or Upland Plover, game bird (see Plover), 59 

Great Blue Heron, not protected, (Protected by National Law),,.... 71 



INDEX TO GAME LAWS. 167 

Pag*. 

Great Gray Owl. not protected 71 

Grebe, game bird (see Waterfowl) 69 

Green Heron (Sliitepoke), not protected, (Protected by National 

Law) "^l 

Oray Squirrel, ?jame animal (see squirrel) W 

Grosbeak , or red bird, protected 69-70 

Grouse, ruffed, game bird 59 

Grouse, open season for, to iro 

Grouse, nujnber that may be killed, 15 

Grouse, not to be accepted by employer of guide 86 

Grouse, not to be bought or sold, ^^'a 

Grouse, not to be killed except through tlie use of gun 74 

Grouse, not to be killed for wages or hire, 86 

Grouse, not to be killed between simset and sxinrise, 74 

Grouse, not to be removed out of the State, 88 

Grouse, not to be removed out of the State, exception 88-89 

Gull, protected 69-70 

Gun, automatic, prolilbited in hunting game 21 

Gun, forfeiture and disposition of when seized, ....14-24-33-35-46-57-61-118 

Gun, propelling more than one bullet, pellet or ball, when prohibited, 81 

Guru use of in taking game, 74 

H. 

Hair bird , protecte<l, ^" I,^ 

Hare, Belgian or German, may be bred, sold or shipped without license, 85 

Hare, wild, game animal w 

Hare, open season for '1 

Hare, nmuber that may be killed 72-73 

Hare, may not be bought or sold if killed in wild state in Common- 
wealth 83-84 

Hare, not to be hunted with ferrets, 75 

Hare, not to be taken except through the use use of a giui, 74 

Hawks, wild birds other than game birds, some species protected, .... 69-70 

Hawks, certain species not protected and may be killed at any time, . . 70-71 

Hawk , owl, not protected 71 

Hearings, 19-20-25-36-41-44-52-56-89-115 

Hens, mud, or coot, game birds (see coot), 59 

Herons, blue, green and night, not protected, (Protected by National 

Law) , 71 

Herons, white and snowy egret absolutely protected, 69-70 

High-holder, or Flicker, protected., 69-70 

Hire, no himting for, 86 

- Horned Owl , not protected 71 

Horns, on deer, length of, 72 

Hospital, game to be sent to, 14-33-46-57-78 

Hospital, UBe of firearms on grounds of prohibited 38 

Human life, protection of 122-123 

Humming bird , protecte<l 69-70 

Himgarian quail , or partridge, game bird 59 

Hungarian quail, open season for 71 

• HxmgarJan quail, number that may be killed, 72-78 

Hungarian quail, killed in wild state in Commonwealth not to be bought 

or sold , 83-84 

Hunters* License, Non-Resident, 54 

Hunters' License, Resident, 27 

Hunting by non-residents without license prohibited, 64 

Hunting by residents without license prohibited, W 



168 INDEX TO GAME LAWS. 

Page. 

Hunting by residents without license -when permitted, 29 

Hunting by im natural! zed t'oreign-born residents prohibited 22-50 

Hunting, certain method only permitted 74 

Hunting, cortiiin methotl, exceptions, 74 

Hunting deer with dogs, prohibite<l, 81 

Hunting for game birds or animals from sunset to sunrise, prohibited, 74 

Hunting for game from simset to sunrise, exception 74 

Hunting from automobiles or blinds prohibited 74 

Hunting or cliasing game on Sunday, prohibited 71 

Hunting paraphernalia, forfeited 14-24-33-35-46-57-61-118 

Hunting seasons for, 71-72 

Hunting with automatic gtin prohibited, 21 

I, 

Importation of certain birds and animals prohibited, 69 

Importation of liye game birds and animals without inspection pro- 
hibited 69 

Imprisonment, for failure to pay penaltj- 

20-21-22-26-34-38-42-45-53-56-60-91-96-119 

Imprisonment for shooting persons by mistake 123-124 

Imprisonment for second offense, 35-60 

Indiga bird, protected, 69-70 

Insectivorous birds, wild binls oth6r than game birds protected 69 

Inspection of live game birds or animaJs, 69 

Inspection of propagating plant, 66 

Interfering' witli birds' nests prohibited, 69 

Interfering with officers, 14-34-45-56-119 

J. 

Jack Snipe, game bird (see Snipe) 59 

Jay bird , not protected 70 

Junco, protected , 69-70 

Justices of the Peace to take claims fsr bounties, 92 

Justice of the Peace and other officials not to mutilate skins in claims 

for bounties 93 

Jurisdiction of Constables 15 

Jurisdiction of Game Protectors, 12-13-14 

K. 

Killing deer except male with horns four Inches above skull, prohibited 72 

Killing deer in the water prohibited, 81 

Killing game except witli gun prohibited, 74 

Kill-deer Plover, game bird, protected till after 1926 imder National 

Law ( see Plover) 135 

King bird, protected, 69-70 

Kingfisher, not protected, 70 

Kinglet, protected 69-70 

L. 

Lands for game preserves 43-99 

Land owners or lessees residing upon and cultivating^ land may hunt 

without license Il9 

Large game, may be shipped by express or freight when properly 

marked 87 

Lark , meadow, protected 69-70 



INDEX TO GAME LAWS. 169 

Page, 

Lark, homed, protected 69-70 

Launches, power, prohibited in hunting Avaterf owl , 75 

Law, decision of Courts 137 

Liability of men talcing dogs into the woods, 81 

Liability of owners of dogs that run deer or elk 82 

Liability of owners of dogs that chase and destroy small game 82 

License, dog, must be secured by owner or person haboring 103 

License tag, must be displayed on back wliile hunting, 28-30-55 

License to non-residents to hunt, issued by County Treasurer 54 

License to own or breed or sell, or have ferrets in possession, 63 

License to pi-actice Taxidei-my 64 

License to propagate game for sale, 65 

License to residents to himt, issued by County Treasiurer 27 

License to take birds, 62 

Lick, deer, prohibited in killing deer, 74 

Limicolae, game birds, 59 

Limitation of time when! game may be had in possession 85 

Linnet, protected, 69-70 

Loon , game bird (see waterfowl) , 59 

M. 

Magistrates and other officials to issue affidavits in claims foiy 

boounties, -. 32 

Magistrates, not to mutilate skins in claims for bomities, 93 

Marking game for shippment from propagating plant 67 

Marking game for shippment out of State, hy non-resident licensee, 89 

Marking game for shippment to taxidermists, .' 87 

Marking game for shippnient. large, accompanying not required 87 

Marking game for shippmont, small, to be accompanied at all times, . . S7 

Marsh Hawk, not protected, 71 

Martin, protected 60-70 

Meadow Lark, protected 69-70 

Meetings of the Game Commission, 11 

Migatory game birds protected by National Law, 13<i-138 

Minic, fur bearing animal, open season lor, 116 

Mocking bird, protected, 69-70 

Mongolian Pheasant, game bird (see Pheasant), 59 

Moim.ted or cured skins, ow-nership and possession of,i 71 

Mud hens, game birds (see Coot) 59 

Muskrat, open sea.^on for 116 

Mutilation or removal of tags, 68 

Miitihttinn cf skins in claims for bounties by Justices and other officers 

prohibited, 93 

N. 

Names on dogs' collars , 83 

Nests and eggs of wild birds not to be interfered "with, 69 

Netting of game prohibited 74 

Night HaAvk , protected, 69-70 

Night Heron, not protected, (Protected by National T^aw), 71 

Night-time, hunting of game birds and animals during prohibited 74 

Night-time, taking of game during, exceptions, 74 

Non-protected wild birds 70-71 

Non-residents holding licens.e may carry certain game out of the State if 

properly marked 89 



X70 INDEX TO GAME LAWS. 

Page. 
Non-residents must secure license and tag before hunting or trapping. . ^^54 

SStice'to'owSerof dogsV ruiming 'Bmal'l* game.' beioi'e 'kiil'ing; •.■.•.•;.■.•.'.■ 83 

Notice to owner of clogs, running deer or elk, .... • • • • • • • • 79 7^ -■ 

Number of game birds and animals that may be legally killed 72-73 

Nut hatch, protected, 

0. 

Oath, may be administered by ofTiicer investigating vif>lations^ 77 

Oath taken by paid Protector in claims for bounty without cost w» 

Oath, tu (.vercome effect of prima lacie evidence. •■■•■■■•••••••.•' {^ 

Oath, taken by Justices and other ollicials in clauns for bounties to be ^^ 

paid by claimant 35-60-117 

Offense, second, y^' ' ' V ^ 48 

Officers empowered to enforce Game, Fish, and Forest Laws, . ■■•;,••• g^^?« 

Officers, interference with or resisting arrest by ^*-^*-*'^ ^YV^Iq 

Officers, iclusing or ncgkK;ting to do their duty ' ^^ 

Open season lor game definecL ; • • • • :.:,;.*i -ii^ 71-72 

Open seasons for game. State Law (see Summary page 134), 134.135 

Open seasons for game. National Law, . ^^„ 

Opossum, fur bearing animal, open season for, ■••^2 

Ordinary Certiliiates for taking birds, 69-70 

Oriole , protected • 69-70 

Osprey, or fish hawk, protected, ^^^ 

Otter, fur bearing animal, open season for 

Owls, wild hirds other than game birds, protected ^o'.'li 

Owls, certain species not protected, . ..... • • Si' ro SS-103 

Owners or persons harboring dogs, liability for, . ■•■^]-f^ ^^ ^"^ 

Owners or persons harboring dogs, must secure license from County 
Treasurer and attach tag to collar 

Paraphernalia, forfeiture of ...■...• 20-37-42-56-90-121 

Parcel Tost, shipment of game by, forbidden °" 

Parks, Public, use of firearms prohibited 

Partridge or Quail, game bird (see Quail), ••••••••••; t;« 

Parts of came caiii.oc he legally sl.ipped by Parcel Post, • *>(» 

Parts of tame may be shipped to Taxidermists Vithin State for mount- ^^ 

inc when properly marked ^' '•' Ui- 

Parts of large gan.e, may be sliipped within Stalte by express or freight 

when nronerlv tagged without accompanying ; ••••■•■,•'■ V "■ ' 

Parts of smalf game camiot be shipped imless properly tagged and (ac- ^ 

PeTtTuflet^o^- iS^Tut'oiie aV^^nglVAischaVg^-at d^V knd bi^r! ' .' ! ^^81- 

Pelts, of certain animals •■.;•; 74 

Pens and traps for cat(>hing bear prohibited • 

Penalty, abatement of, under certain conditions 

Penalties, disposition of, 

. , . 15.19.21-115-36-39-41-42-47-52-57-58-90-97-120-123-123-124 

Penalties, not to apply to 27-59 

Person, tlie word defined, ^'n& 

Persons, shooting by mistake punishable '^^^ 

Petition to close countless to hunting of game, ^^11 

Petition to establish Auxiliary Game Preserve, ^^ 

Petition to oi'on county to killing bear, when destructive ^^ »*J 

Pewee, protected, 



INDEX TO GAME LAWS. 171 

Pheasant, commoHly called, properly known as ruffled grouse, game bird 

(see Grouse) , 59 

Pheasant, ring-neck (English. Mongolian or Chinese) game birds 59 

Plieasant, ring-neck , open season for, 71 

Pheasant, ring-neck, number may be killed 72-73 

Pheasant, ring-neck, killed in a wild state in this Commonwealth not to 

be bought or sold 83 

Plieasant, ring-neck, killing of in captivity 72 

Pheasant, ring-neck, not to be killed except through the use of a gun, 74 

Pheasant, ring-neck, not to be killed for wages or hire, 88 

Pheasant, ring-neck, not to be killed from sunset to simrise, 74 

Pheasant, ring-neck, time same may be trapped for special purposes. . . 86 

Phoebe, protected, 69-70 

Pigeon hawk , not protected , 71 

Pileated, woodpecker, protected 69-70 

Pine Squirrel, game animal 60 

Pine Squirrel, open season for, 71 

Pistols or any other firearms, mmaturalized foreign-bom residents, for- 
bidden to own or possess 22 

Pit-fall, use of forbidden, 74 

Plover, game birds 59 

Plover, open season for, State Law , „ 73 

Plover, upland or grass, and kill-deer, protected until after 1926 by 

National Law 1.S4 

Plumage of wild birds, sale of prohibited 70 

Pole-cat, (see skunk), fur-bearing animal, open season for 116 

Possession of game at certain times prima facie evidence, 30-77-85-117 

♦ Possession of game at certain times unlawful, 71-85 

Possession of game during open season and for thirty days thereafter.. . 85 

Posted lands, trespassing on, 19-20 

Preserves for game. Auxiliary, controlled by State 99 

Preserves for game, leased or owned by State 43 

President of Game Commission, permission of, at certain times, 62-64 

Prima facie evidence 24-30-51-55-77-85-117 

Propagation of game, certificate for, ©5 

Property seized, disposition of, 14-24-33-35-46-57-61-118 

Protection to trees and growing crops, certain animals may be killed. . . 79 

Protectors, Game, It 

Public Institutions in which living birds may be kept (Kl 

Public nuisance, when dogs become 82-83 

Public parks, use of firearms prohibited, .^8 

Purchase of lands for Game Preserves, QS 

Pursuit of bear during close season, when legal 80 

Pygopodes. game birds, 59 

Q. 

Quail, or Virginia partridge or Bob-Avhite, game bird, 59 

Quail. Gambel. same protection throughout as Virffinia Quail, 75 

Quail, Hungarian, game birds (see Hungarian Quail) 50 

Quail , open season for, 71 

Quail , number that may be killed, 72-73 

Ouail. not to be bonrht or sold, 84 

Qnall , not to be killed except with a grm 74 

Quail, not to be killed from sunset to sxmrise 74 

Quail, not to be killed for wages or hire 86 

Quail , not to be removed from the State, 88 

Quail, time same may be held in possession 85 

Quail ; time same may be trapped for special purpose 86 



172 INDEX TO GAME LAWS. 

R. 

page., 

jRabbit, game animal oO 

liabbit, open season for, 71 

Rabbit, number tliat may be killed, 72-73 

Rabbit, killed in a wild state in this Conunonwealth cannot be bought 

or sold, 83 

Rabbit, may be taken in box traps by residents mider 14 on lands 

whereon they reside 74 

Rabbit, may be killed as protection to trees, etc. , 79 

Rabbit, not to be hunted witli ferrets 75 

Rabbit, not to be taken except through use of gun, except by residents 

under 14 on lands Avhereon they reside 74 

Rabbit, not to be hunted from sunset to sunrise, 74 

Raccoon, game animal, also fur-bearing animal, 60-116 

Raccoon, open season for, 71-116 

Raccoon, may be bought or sold if taken during open season 74 

Raccoon, may be killed as protection to growing crops 79-117 

Raccoon, may be taken in any manner, eitJier day or night, 86 

Railroads not to carry game out of the State, 88 

Railroads not to carry game out of the state, exceptions 88-89 

Railroads, not to accept large game for shipment unless properly marked 87 
Railroads, not to accept small game for shipment unless properly marked 

and accompanied by owner, 87 

Rallidae, game birds, 59 

Rails, game birds 59 

Rails, open season for, State Law 7J-134 

Raven, not protectetl , 71 

Receipt from Game Protectors, 26-37-43-45-53-57-91-97-121 

Record costs, liability for (also see citations page 15G) , 18 

Records of Aldermen and JiLstices, 128 

Red-bird , protected, 69-70 

Red-lieaded Avoodpecker, protected, 69-70 

Red-shouldered Hawk, not protected, 70 

Red Squirrel, game animal, 60 

Red Squirrel, open season for 71 

Redstart, protected 69-70 

Red-tailed, Hawk, not protected, 70 

Reed bird, game bird, (Bobolink) , 59 

Reed l)ird, open season for, 72-135 

Reed bird, may not sold under an order of the Secretary of Agrlcalt- 

ure 135 

Removal of game out of State prohibited 88 

Removal of game out of State prohibited, exceptions, 88-89 

Report of Game Commission to Governor ; 11 

Reservation, GanTi Preserves. Auxiliai-y, controIle<l by State, 99 

Reservation, Game Presen-es on leased or State owne^l lands, 43 

Resident Hunter's License, residents who are citizens to secure, 27 

Resident Hunter's License, boys under 14 cannot secure, 28 

Resident Hunter's License, boys between 14 and 16 may secure by con- 
sent of parent or guardian, 27 

Resident Hunter's License, to be used by County Treasurer 27 

Resident Hunter's License, when owners and lessees, may hunt without 

securing ^ 29 

Resisting arrest 14-34-45-56-li9 

Resorts, use of firearmsl prohibited "^S 

Right of defendant to pay penalty in settlement of charges 26-37-43-45-53- 

57-91-97-121 



INDEX TO GAME LAWS. 173 

page. 

Right of State to protect game and wild birds Il37 

Ring-neck plieasant, game bird (see pheasant) 59 

River ducks, game birds (see waterfowl) , 59 

Robin, protected 69-70 

Roster, to be kept by cainps and hunting parties, 78 

Rough-legged hawk, not protected, 71 

Rutted grouse, game bird (see grouse) o9 

S. 

Sale of all wild birds other than game biixls proJiibited 70 

Sale of certain gajne prohibited 83-84 

Sale of guns and paraphernalia seized, 14-24-33-35-46-57-61-118 

Salad bird, or yellow bird, protected, 69-70 

Sanatorium, use of tireamis on grounds of, prohibited, 38 

Sandpipers, game birds 59 

Sandpipers, open season for. State Law, 72 

Sandpipers, protected under National Law 135 

Sap-sucker, protected, 69-70 

Scarlet tanager, protected, 69-70 

Screech owl , protected 69-70 

Sea ducks, game bird"* (see waterfowl) 59 

Search Avarrants , 13-^4 

Search, without warrant , 13 

S.easons. open , 71-72 

Second deer, attempt to kill, prohibited 73 

Second offense, pimishment, 35-60 

Second use of shipping tags, prohibited, 68 

Seizure of game, paraphernalia, doss, etc, right of, . .14-24-33-35-46-57-61-118 

Sharp-shinnetl hawk, not protected, 70 

Shipment of ganie out of the State, prohibited 88 

Shipment of game out of the State, exceptions 88-89 

Shipment of large game properly marked, permitted 87 

Shipment of small game ujiJess properly marked and accomparied by 

owner, prohibited, 87 

Shipment of wild birds other than game birds, prohibited, 69-70 

Shooting at does and fawns prohibited 73 

Shooting from sunset to simrise, except at raccoons, prohibited, 74 

Shooting or chasing of game on Sunday prohibited, 71 

Shooting at target controlled 122* 

Shooting paraphernalia, forfeited, 14-24-33-35-46-57-61-118 

Shooting at persons by mistake punishable 123 

Shore birds, game birds, 59 

Shoi'e birds, open season for. State Law, , 72 

Shore birds (except Black-breasted and Golden Plover, Snipe, Woodcock, 

and YellOAvlegs) absolutely protected until after 1926 under National 

Law 135 

Shrike, protected 69-70 

Silencer, not to be used in taking game, 74 

Singular and Plural number defined, 27-59 

Skins in claims for bounty not to be mutilated before sending to lofflce 

of Grame Commission. 98 

Skins, tanned and cure<l, may be retained 71 

Skunk, fur-bearing animal, open season for, 116 

Snaring birds or animals, prohibited, 74 



174 INDEX TO GAME LAWS. 

pase. 

Snipe, Jack or Wilson, game birds 59 

Snipe, open season for, State Law, 72 

Snipe, open season for. National Law l.'^R 

Snow-bird, or Junco, protected, 69-70 

Snowy owl , not protected 71 

Sold or bouglit, certain game cannot be, 83-84-135 

Sold or bought, certain may be 84 

Song liirds, all wild birds other tlian game birds, protected, 69-70 

Sparrows of all kinds, excepting English Sparrows, protected 69-70 

Sparrow, English, not protected and may be killed at any time, 70 

Special certitlcates to take birds 62 

Special Deputy Gaine Prote<'tors, appointment, etc., 21 

Special notice, before killing dogs chasing small game during close sea- 
son 83 

Squirrel, black, fox or gray, game animals 60 

Squirrel, black, fox or grey, open seascm for, 71 

Squirrel, Wark, fox or grey, number that may be killed, 72-73 

Squirrel, black, fox or grey, killed in a wild state in this Common- 
wealth may not be bought or sold, 83 

Starling, European, not protected 70 

Status of game 137 

Streams, deer not to be killed in 81 

Summary convictions 19-20-25-36-41-44-52-56-89-115 

Summary of important provisions of game laws 125 

Summary of sea.sons, bag-limits, etc. , 134 

Sunday, arrests may be made on 13-16-24-52 

Sunday, there shall be no hunting for, shooting at. or chasing of game 

on 71 

Sunset and sunrise, shooting game between, except raccoons, prohibited, 74 

Swallow, protected 69-70 

Swan, absolutely protected under National Law until after 1926. 

Swift, chimney, (chimney swallow), protected 69-70 

T. 

Table of game, time for taking, etc., 134 

Tag, license. Resident and Non-Resident Hunters', must be worn dis- 
played on back while hunting 28-30-55 

Tag, license, on dogs 104 

Tag, must be attache<l to game shipped from licensed preserves, 67 

Tag. not to be mutilated, 68 

Tag, not toi be used for second shipment 68 

Tag, to be attached to large game in 6 1irs. nfter killing 7R 

Tag, to be attached to game when shipped under certain conditions 67-87-&8-89 

Taking of game in any manner except through use of gun prohibited, 74 

Taking of game through use of gun, exceptions 74 

Tanager. protected • • 69-70 

Tanned or cured skins, may be held in possession 71 

Target Shooting regulated, 122 

Tattler, game bird 59 

Tattler, open season for, State law, 7*^ 

Tattler, not to be killed until after 1926 tmder National "Law 135 

Taxation of dogs 103 

Taxidennlsts, must secure license to practice 64 

Taxidermists. si>ecimens may be sliipped to "vrithln State when properly 

marked 87 



INDEX TO GAME LAWS. 175 

pajro. 

Thraslier, protected uk- iO 

Thrush, protected , 69-70 

Tilt-up, game bird, (see sandpiper) 59 

Time limit for prosecutions, (See act violated) 

Time game may be had in possession after close of season 85 

Titmouise. protected 69-70 

Training dogs on game on Smiday prohibited, 71-83 

Traning dogs, open season for 83 

Transportation of game out of State prohibited, 88 

Transportation of game out of State, exceptions, 88-89 

Transportation of small game prohibited unless properly marked and 

accompained by owner, 87 

Transportation of large game permitted when properly marked, .... 87 

Transportation of wild birds other tlian game birds prohibited, 70 

Traps for game, except rabbits and raccoons, absolutely prohibited, 74 

Traps for taking fur-beariug animals not to be disturbed, 117 

Traps for taking vermin, legal under certain conditions, 74 

Trespass on posted lands 19-20 

Turkey, wild, game birri, 59 

Turkey, wild^ open season for 71 

Turkey, Avild, nuiiil>er that may be killed 73 

Turkey, wild, calling of, illegal, 74 

Turkey, wild, not to be bought or sold 84 

Turkej'', wild, not to be hunted for wages or hire, 86 

Turkey, wild, not to be killed between sunset and sunrise, 74 

U. 

Unlau-ful to shoot at a doe or fa^Ti at any time 7^ 

Unnaturalized foreign-bom residents cannot be possessed of dogs, .... 50 
Unnaturalized foreign-bom residents cannot be possessed of ftrearms of 

any kind 22 

Unprotected animals, list of lo6 

Unprotected birds, list of 70-71-136 

Upland or grass plover, game bird, (see plover) 59 



Vacancy on Game Commission , how filled 10 

Veery, protected, 69-70 

Vireo. protected 69-70 

Virginia partridge, or quail, game birds (see quail) 59 

W. 

Wages or hire, hunting for prohibited Sd 

Warblers, wild tiirds other than game birds, protected, 69-70 

Wardens, all Constables are, 15 

Wardens , rights and duties of 12-48 

Warrants of search , 13-24 

Water craft, certain kinds not to be used in hunting waterfowl 75 

Water craft, forfeiture of 14-24-33-35-46-57-61-118 

Waterfowl, wild web-footed, gamel birds, 59 

Waterfowl, wild, open season for. State Law, 72 

Waterfowl, wild, open season for, except swans and wood-ducks. Na- 
tional Law 135 

WaterfoAvl, wild, may be taken through use of decoys and blinds 75 

Waterfowl, wild, not to be killed except through use of gun 74 

Waterfowl, wild, not to be killed from certain boats or craft 75 



176 INDEX TO GAME LAWS. 

page. 

Waterfowl, wild, not to be killed between sunset and sunrise, 74 

Waterfowl, wild, under National Law cannot be legally sold 3 35 

Waters, deer not to be killed in 81 

Weasel , bounty on 92 

Whip-poor-will, protected 69-70 

Wild birds' nests, not to be interfeared Avitli, , 60 

Wild birds other than game birds, absolutely protected 69-70 

Wild birds other than game birds, not protected, 70-71 

Wild birds other than game birds, not to be shipped out of State, .. 70 

Wild birds other than game birds, not to be sold or offered for sale. . . 70 

Wild cat (Canada or Bay Lynx), also called Bob-cat, bounty on 92 

Wild ducks and other Avild waterfowl, game birds (see Avaterfowl). 59 

Wild turkey, game bird (see turkey) , 59 

Woodcock , game bird, 59 

Woodcock, open season for, 71 

Woodcock, number that may be killed 72-73 

Woodcock not to be bought or sold, 83-84 

Woodcock, not to be killed except with a gun, 74 

Woodcock, not to be killed for wages or hire, 86 

Woodcock , not to be killed from sunset to sunrise, , , 74 

Woodcock, not to be transported out of State, 88 

Woodcock, not to be transported out of State, exceptions, 88-89 

• Wood Duck, absolutely protected under National Law 

Woodpeckers, wild birds other than game birds, all protected, .... 69-70 

Wren, wild bird otlier tlian game bird , protected , 69-70 

y. 

Yellow bird, protected , 69-70 

Yellow Hammer, or Flicker, protected 69-70 

Y'ellow shanks (snipe) , game bird 59 

Z. 

Zoological gardens , game laws not to apply to , ttl 



FISH LAAVS, 



177 



NEW 



DIVISION 11. 
LAWS RELATING TO FISH- 
YORK— PENNSYLVANIA DELAWARE 
RIVER LAW. 



An Act for the protection of shad and ga^me fish in 
the River Delaware. 
Whereas, It is deemed ad\dsable by the Fish Com- 
missiouers of New York and Pennsylvania, to protect 
the stocking of the River Delaware with shad and 
game fish, and to guard the fishing industries of the 
said river by the passage of uniform laws for the said 
river in each State, theref ore- 
Section 1- Be it enacted, &c., That hereafter no 
person or persons shall cast, draw, or fasten, or 
otherwise make use of any seine, drift net, fyke net, 
or net or nets of any other description, or use any 
other apliance for the catching of fish, except rod, 
hook and line in the Delaware river: Provided, That 
this section shall not extend to shad fishing : Pro- 
vided also, That the meshes of nets used for catching 
shad shall not be less than three inches in width, or 
one and one-half- inches from knot to knot, above 
Trenton Falls : Provided also, That it shall not be 
lawful to fish for shad with nets, either shore, drift, 
gilling or dip-nets, or with any appliances whatever 
from June fiftoenth to December thirty-first of any 
year, in the Delaware river above Trenton Falls. 
Any person or persons violating any of the provisions 
of this section, shall forfeit or pay the sum of one 
hundred dollars, with all costs of suit, together with 
the forfeiture of boats, nets and all appliances. 

Section 2. That hereafter no person or persons 
shall cast, set, draw, fasten or otherwise make use 
of any fyke net. or nets of any kind, or device made 
from cotton or flax twine, or wire netting, similar to 
a fyke net.^ for the purpose of catching fish in the 
Delaware river at any time in any year. Every per- 
son so offendinsr shall be jrnilty of a misdpiraeanor, and 
on conviction thereof shall be punished by a fine, not 
exceeding one hundred dollars or imprisonment in the 
county jail for a term not exceeding six months, or 
both fit the discretion of the magistrate or court be- 
for which such offender or ocenders shall be con- 



Act May 22 

1S89 P. L. 
261. 

Preamble. 



Fishing with 
nets pro- 
hibited. 
Not to ex- 
tend to 
shad 
fishing. 

S' 7.C of me»h 
ahore Tren- 
ton Falls, 

Fishing for 
shad with 
nets from 
Jin- ir.th 
to Decem- 
ber 31 Pro- 
hibited 
above Tren- 
ton I'alls. 

Penalty. 



TTso of cer- 
tain nets 
prohibited. 

Violation 
of this act 
declared a 
misfdeojieanor 



Penalty. 



178 



FISH LAWS. 



Fishing, 
ete on 
Sunday 
prohibited. 



Penalty. 



Breetlon 
and use of 
fish basket*, 
etc., pro- 
hibited. 

Wing walls 
prohibited. 



Penalty. 



Penalty for 

second 

offense. 

Kock-bass 
or wall-eyed 
pike not to 
be killed 
. within two 
years. 



Black-bass 
etc., not to 
be caught 
between 
January 1st 



victed , aiid the iiet or nets, devices or appliances' used 
shall be destroyed by the officer making the arrest. 

Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stage or 
otherwise make use of any gilling net, seine, short- 
net, drift-net, eel pots, or any kind of net for the 
purpose of catching fish in the Delaware river from 
sunset on Saturday until twelve o'clock on Sunday 
night of each and every week ; and the person or 
persons so offending shall forfeit and pay the sum of 
one hundred dollars, together with the cost of suit 
for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, build, erect, fasten or use any 
fish-baskets, gill-nets, or any permanently set means 
for taking fish in the river Delaware : nor shall any 
person at any time affix any nets, fish-baskets, fyke 
nets, eel racks, or any kind of appliances or set 
means of taking fish to any wing walls in the uver 
Delaware. Nor shall any person or persons erect, 
build or place, or cause to be erected, built or placed, 
any wing wall, or walls of stone or of any other 
substance or material, in the river Delaware, for 
the purpose of affixing, adjusting, placing or setting 
thereto or adjacent thereto, any of the above men- 
tioned illegal devices, contrivances or appliances for 
taking fish. Any person ^^olating the pro^asions of 
this law shall bo fined fifty dollars for the first offense 
or be liable to imprisonment for one month in the 
county jail, or both at the discretion of the ma^'s- 
tratp before whom the offender is convicted, and any 
person or persons so offending a second time shall 
be liable to a fine of one hundred dollars and impris- 
onment for three months in the county jail. 

Sf^ction 5. It shnll not ho Inwfnl to cntch or kill 
by any means whatever, any rock bass or any wall- 
eyed pike, otherwise called Susquehanna salmon (sp»- 
cios recently introduced into the river Delaware), 
within two years from the passage of this act, under 
a penalty of ten dollars for every fish caught .or had 
in possession . 

Section 6. No person shall, by any means or de- 
vice whatsoever catch, or kill in the Delaware river 
any black bass, rock bass or wall-eyed pike, commonly 
known as Susquehanna salmon, betw^een the first day 



FISH LAWS, 



179 



of January and the thirtieth day of May in any year, 
nor shall catch or kill any of said species of fish at 
any other time during the year save with rod, hook 
and line. Any violation of this section shall subject 
the offender to a penalty of ten dollars for each fish 
so caught. 

Sectfbn 7. No person shall catch or kill in the 
Delaware river, any black bass or wall-eyed pike 
under six inches in length, or any rock bass under 
five inches in length, under a penalty of ten dollars 
for every fish so caught. But should any fish be 
taken of a less size than the above, or should any 
wall-eyed pike or rock bass of any size be taken 
within two years from tlie passage of this act. it shall 
be the duty of anyone taking or capturing the same 
to return the fish immediately to the water from 
whence taken. Any violation of the Inw shall sub- 
ject the offender to a penalty of ten dollars for each 
and every fish so caught. 

Section 8. Nothing in this act shall be so construed 
as to prevent the catching of bait fish, other than 
game fish by means of hand or cast nets for angling 
or scientific purposes, or the catching of game fish 
bv order of any member of the State Fish Commission 
of any State having jurisdiction in the Delaware river 
for the purpose of stocking other waters. 

Section 9. Any fish commissioner, fish warden, 
deputy warden, sheriff, deputy sheriff, constable, po- 
liceman, or any specinl officer of this Crymmonwealth. 
is hereby authorized to destroy any fish-basket, eel- 
weir, fyke net, shore-net, drift-net, dip-net, wing wall 
or wing walls, or any illegal device named in any 
section of this act, and they are hereby author'zed to 
arrest forthwith any person placing, erecting, using 
or fastening them. Any person or persons interfering 
with any of the above officers in the discharge of 
their duties or resisting arrest, shnll pay a fine of 
one hundred dollars or be imprisoned three months in 
the county jail, or shall be subject to both penalties 
at the discretion of the magistrate or court before 
which he or they shall be convicted. 

Section 10. Any fish commissioner, fish warden, 
deputy fish warden, sheriff, deputy sheriff, constable, 
policemen, or special officers of this Commonwealth, 
IS hereby authorized to apprehend, arrest and imme- 



and May 
SOth. 

And at no 
time save 
with hook 
and line. 

Black-basB 
uikUt 
inches in 
length and 
wall-eyed 
piko under 
5 inches in 
length not 
to be 
caught. 
If caught 
to be re- 
turned to 
water. 
I'enalty. 



Catching 
fish for 
certain 
purposes 
allowable. 



Duties of 
fish war- 
dens and 
other 
officers. 



Penalty 
for inter- 
ference with 
officers. 



Officers 
authorized 
to make 
arrests. 



180 



FISH LAWS. 



Hearing 
before 
justices of 
the peace. 



Appeal. 



Costs. 

Application 
of tine 
recovered. 



Repeal. 



diatcly take any person who may be guilty of the vio- 
lation of any of the prov sions or sections of this act 
before any justice of the peace, magistrate 'or any 
other legally constituted authority, and thercupt)n 
make charge of such violation of the law or any of 
the provisions thereof, and the magistrate shall forth- 
with hear and determine the charge and render judg- 
ment accordingly, with the right of certiorari or ap- 
peal as in all similar cases of arrest and conviction, 
and in case of any failure of any fish commissioner, 
warden or any other officer named above to prove his 
ease the county in which '^t is heard shall pay the 
costs . 

Section 11. The finest imposed under any section 
of tills act shall be paid to the Treasurer of the county 
in which the prosecution shall be made and the said 
Treasurer of tlio several counti<>s of the State shall 
I)ay over to the Coimmissioncrs of Fisheries all moneys 
forfeited and recovered by them by virtue of this act, 
and the said Commissioners sliall pay over the same 
to the Treasurer of the State. 

Section 12. All sections, provisos or acts incon- 
sistent with this act are her(>by repealed. 

Approved The 22nd day of May, A . D . 1889 . 

JAMES A. BEAVER. 



May 8, 1876 
P. L. 104. 



POLLUTION— A SUPPLEMENT 

To an act, entitled "An act to amend and consolidate 
the several acts relating to game and fish", ap- 
proved May first. Anno Domini one thousand eight 
hundred and seventy-three, to require all persons 
engaged in any of the manufacturing interests of 
this State, accustomed to the washing of iron and 
other ores, and of coal preparatory to its use for 
coking, and engaged in the business of tanning, to 
prepare a tank or other suitable receptacle into 
which the sediment, culm or coal dust, the oflfal, 
refuse and the tan bark and liquor therefrom used 
in tanning, so far as is practicable may be pre- 
vented from passing into or upon any of the rivers, 

lakes, ponds or streams of this Commonwealth. 



FISH LAWS. 



181 



Section 1. Be it enacted, &c., That section seven- 
teen of the act aforesaid be and the same is hereby 
amended so that the same shall read as folows, 
namely : That all persons engaged in any of the 
manufacturing interests of this State, accustomed to 
the washing of iron and other ores, and of coal pre- 
paratory to its use for coking, or in the tanning of 
hides by a process in which vitriol is used, shall pre- 
pare a tank or other suitable receptacle into which 
the culm or coal dirt, the offal, refuse and the tan 
bark and the liquor, or the water therefrom, may 
be collected so that the sediment therefrom so far as 
is practicable, may be thereby prevented from passing 
into or upon any of the rivers, lakes, ponds or streams 
of the Commonv/ealth, under a penalty of fifty dollars 
for each offensie, in addition to liability for all dam- 
ages he or they may have done to any individual 
owners or lessees on such waters. 

Section 2. Whenever any constable or other officer 
making complaint in good faith of the violation of 
any of the provisions of this act , shall fail to recover 
the penalty or penalties mentioned in the seventeenth 
section of the act to which this is a supplement, in 
any prosecution or suit commenced by such constable 
or other officer, pursuant to the foregoing section of 
this or the act to which this is a supplement, the 
costs of suit recovered by him or them shall be a 
charge upon the proper county and shall be allowed 
as other county charges are audited and allowed ; 
and whenever the plaintiff or prosecutor is a private 
citizen, the costs shall abide the event of the suit 
or prosecution, and shall be paid as in other cases, and 
that section thirty-three of the act of first of May, 
Anno Domini one thousand eight hundred and seventy- 
three, be and the stijme is hereby repealed. 



Manufactur- 
ers to pre- 
pare tauk, 
fur reception 
of coal dirt 
etc. 



Penalty. 



When consta 
bles' costs 
to be charg- 
ed upoa 

ec unly . 



When costs 
to abide 
event of suit 



Repeal. 



Approved — The 8th day of May, A. D. 1876. 

J. P. HARTRANFT. 



182 



June 10, 
1881 P. L. 
88. 

FiBh coTpora- 
tlona hare 
Bpedal po- 
Uce. 



Goremor to 
appoint. 



Police to 
take oath. 



Powers ol 
police. 



To wear 
sMeld. 



FISH LAWS. 

POLICE FOR FISH PROPAGATING 
CORPORATIONS. 

\n act relative to the appointment of police for cor- 
porations organized under the laws of this Common- 
weaUh for the preservation and propagation of fish. 
Section 1. Be it enacted, &c., That any corpora- 
tion organLd under the laws of this Conimonwealt^ 
for the preservation and propagation of fi«l\"^^^hi8 
Commonlvealth, may apply to the Governor to com- 
mission such persons as the said «>:P^:;\^^So5^^«^ 
designate, to act as policemen for the protection oi 
the nronerty of such corporation. t^„4.j«„ 

Section 2 The Governor, upon such application, 
may appoint such persons, or so ^"^^"^/^ H^as 
he may deem proper, to be such policemen and shall 
issi?? L such person or persons so appointed a com- 

"^t?tionT ^lv^"iT PoHcemf" so appointed shall 
bef^i?> entering upou the duties of Ms. office, take and 
i^ihscribe the oath required by the eighth article of 
tl^e^cSfst-tution before the rtn^order of the county in 
which the property of said corporation may be situ- 
rtrc{^^^^i\ch^'th, 'after being ^^^^ ^t' g^^UaJy 
recorder shall be filed in the office of the feecretary 
of State; and a certified copy of such oath, made by 
e recorder of the county, shall be recorded with 
to commission in the county in which the property 

of such corporation,, for 7^^^^ ^"^^ P^;T?s^i 
appointed, may be situated, and in which it ^s m 
tended said policeman shall act; and such policemen 
so appointed shall severally possess and exercise all 
tL powers of policemen in the county in.;^^!^^^ they 
shall be so authorized to act as aforesaid and the 
keei ers of jails and lock-ups or station houses in 
saS county are required to receive all P^rsoj a^r 
rested by such policeman for the commission of any 
offense against ?he laws of this Commonwealth upon 
the premises of any such corporation, to be dealt 
with according to law. u ^ ^r. 

Section 4. Such corporation police shall, when on 
dutv severally wear a metallic shield with the word 
^poHce" and the name of the corporation for which 
appointed inscribed thereon, and said shield shall 
Xays be worn in plain view, except when employed 
as detectives. 



FISH LAWS, 



183 



Section 5. The compensation of such police shall CompenBa 
be paid by the corporation for which the policemen "<*^- 
are respectively appointed, as may be agreed upon be- 
tween them. 

Section 6. Whenever any corporation shall no 
longer require the services of any policemen as afore- 
said, they may file a note to that effect under their 
corporate seal, attested by their secretary, in the 
office where the commission of such policemen has 
been recorded, which shall be noted by the recorder 
upon the margin of te record were such commis- 
sion is recorded, and thereupon the power of such 
policcjmen shall cease and be determined. 

Approved— The 10th day of June, A. D. 1881. 

HENRY M. HOYT. 



When Ber- 
Ticea no 
longer re- 
quired. 



DELAWARE RIVER BELOW 
TRENTON FALLS. 
An act to encourage the propagation of fish, and to 
regulate the catching, taking, and destruction of 
fish in the Delaware River below Trenton Falls, 
within the jurisdiction respectively of the Common- 
wealth of Pennsylvania and the State of New Jer- 
sey ; and providing penalties for violation of its 
provisions, and to repeal acts inconsistent there- 
with . 

Section 1. Bei it enacted, &c., That the provisions 
of this act shall affect and apply only to the propa- 
gation, catching, taking, and protection and destruc- 
tion, of fish in the waters of the Delaware River be- 
low Trenton Falls, lying between the Commonwealth 
of Pennsylvania and the State of New Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and the State of New Jersey shall 
have and enjoy a comimon right of fishery throughout 
in, and over the waters of said river, between low 
water mark on each side of said river ; between said 
States, below Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 

Section 3. For the purposes of this act, the fol- 
lowing fish shall be designated as game fish to wit, 
black bass, or small-mouth bass ; large-mouth bass, 
otherwise called Oswego, or yellow bass, strawberry 
or calico bass ; rock bass, otherwise known as red-eye 
or goggle-eye ; white bass, crappie ; pike-perch, other- 



1909, May 1 
P.L..309. 



Delaware 
River below 
Trenton 
Falls. 



Eight of 
fishing. 



Game fisb. 



184 



FISH LAWS, 



Foodfish 

Lawful 
manner 
of fishng 
for game 
fish. 



Fine. 



Lawful man 
ner of fish- 
ing for bait 
fish. 



Pine. 

Lawful Man 
ner of fish- 
ing for food 
fish. 



wise called wall-eyed pike ; pike, or Susquehanna sal- 
mon ; pike, pickerel, white perch, yellow perch ; charr 
commonly called brook or speckled trout; or any 
form of trout. The following shall be called bait fish ; 
to wit, all species of minnows, killifishes, and stone 
catfish. All other species of varieties of fish, what- 
soever, shall be termed food fish. 

Section 4. It shall be unlawful to catch or flsh 
for any game fish, in any part of the Delaware River 
below Trenton Falls, with any device, or by any 
means or method whatsoever, excepting with rods and 
lines or handlines, commonly called dipsey or throw- 
lines, each having not more than three hooks ; or with 
trolling lines, with spoon or artificial bait, having not 
more than one burr of three single hooks attached : 
the number of rods and lines, or the number of 
trolling lines, not to exceed two of one or the other 
device named, and said lines must be under the direct 
and immediate supervision of tlie custodian thereof. 
Any person violating any provisions of this section 
sliall. on conviction thereof, be subject to a fine of 
twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River below Trenton Falls, 
except with the following devices: to wit, rods and 
lines and hand lines with not more than three hooks 
attached : a minnow seine not more than one hundred 
feet in length : a dip net, not more than five feet 
square; a minnow trap, the opening of which shall 
not be more than one and one-qnarter inches in di- 
ameter ; a scoop net, with a single handle, and "with 
a diameter of net of not more than two feet. Any 
person who ';ises any other device, method, or means 
for catching bait fish, or of a greater length or di- 
ameter of nets specified in this section shall on con- 
vection thereof, be subject to a fine of twenty dollare. 
. Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River, below Trenton Falls, 
with any device, method, or means, excepting by the 
following devices, and under regulations and restric- 
tions hereinafter described : to wit. a seine, a gill net. 
an eel pot, a fyke net, each without wings ; a parallel 
net, or net set at the edge of low water; and rods 
and lines, or hand-lines, otherwise known as dipsey 
or throw lines, each having not more than three hooks. 
Any person who shall use or employ any method or 



FISH LAWS. 185 

device for catclnng food fish, other than those named 
in this section, or shall use or employ any device 
named in this section contrary to the regulations or 
restrictions hereinafter mentioned, shall be subject to 
a fine of twenty dollars. Fine. 

Section 7. As amended by the act of June 3. 1911, 
P. L. 629. 

Section 7. It shall be unlawful for any person to Sturgeon, 
catch and take, or attempt to catch and take, stur- 
geon from the Delaware River below Trenton Falls, 
with any device excepting a seine or gill net, the Seine or 
meshes of which shall not be less than thirteen inches 
stretched measure while being fished ; or to catch and 
take or attempt to catch and take, any other food 
fish from said waters, wth a sceine, the meshes of 
which shall be less than two and one-half inches 
stretched measure while being fished, or any gill net 
the meshes of which shall be loss than five and one- 
quarter inches stretched measure while being fished : 
Provided, That gill nets, with a mesh not smaller 
than three *'nches, may be used from March first to 
June tenth, in each year, for the purpose of taking 
herring only. It shall also be unlawful for any per- 
son to catch and take, or attempt to catch and take. Other food 
any food fish, except sturgeon, by means of a sceine fish, 
or gill net, between the tenth day of June, in each Close sea- 
and every year, and the first day of March next en- son. 
suing. Any person who shall violate anj of the pro- Fine and 
visions of this section shall, on convict on thereof, be forfeiture, 
subject to a fine of one hundred dollars, together with 
a forfeiture of all nets, boats, and appliances used. 
A similar act was passed by New Jersey and signed 
by the Governor, April 15, 1911. 

Section 8. It shall be unlawful for any person to Anchored 
catch and take, or attempt to catch and take, fish of net pro- 
any kind from the Delaware River bf^low Tronton hibited. 
Falls, with a net of any character which is anchored 
or staked or fastened down in any measure. Nor Lawful de- 
shall any net of any kind or character, excepting a vices, 
drifting gill net, an eel net, a fyke net, each without 
wings, or a parallel net for the capture of carp only, 
be used for the purpose of catching and taking fish 
in said waters, within one-quarter of a mile above 
or below the mouth of any river, creek, or stream ^"o^^^ries. 
emptying into said Delaware River below Trenton 



186 



FISH LAWS. 



Fine and 
forfeiture. 



Sunday fisli- 
\ng with 
nets, pro- 
bibited. 



Food fisli. 



Open season 



Open season 
for game 
flBh. 

Fines. 

Bel pots and 
fyke nets. 

Close season. 



Open season 
for carp, 
catfish, eels 
and suckers. 

ProTlso. 



River. Any person who shall violate any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a tiue of twenty dollars, with the forfeiture 
of nets, boats, and other appliances used. 

Section 9. As amended by the act of May 11, 1911, 
P. L. 2W. 

Section 9. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, fish 
of any kind or description from the Delaware River 
below Trenton Falls, by means of net, or to use a 
net of any character in the waters aforesaid, between 
Saturday at two post jmeridiau, and twelve o'clock, 
midnight, Sunday night, in each week. Any person 
violating any of the provisions of this section shall, 
on conviction thereof, be subject to a fine of one hun- 
dred dollars, together witli a forfeiture of all nets, 
boats, and other appliances used. 

This act shall take effect immediately, but shaU not 
be considered as valid or operative until a similar act 
has been enacted by the State of New Jersey. A simi- 
lar act was passed by New Jersey, March 21, 1911. 

Section 10. It shall be lawful to catch food fish, 
w'th rods and lines and hand-lines and trolling lines, 
as described in section four of tliis act, at any time 
in the year, in the Delaware River below Trenton 
Falls; but it shall be unlawful to fish for and take 
game fish, excepting from the fifteenth day of June 
to the first day of December, inclusive, 'n each year. 
Any person violating any of the provisions of this 
section shall, on conviction thereof, be subject to a 
fine of ten dollars for each and every fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, 'n the Delaware 
River below Trenton Falls, from June first to July 
thirty-first in each year, both dates inclusive; but it 
shall' be lawful to use eel pots and fyke nets, each 
without wings, from July first to May thirty-first, 
both dates inclusive, ^n each year, for the purposes 
of catching carp, catfish, eels, and suckers only. All 
other species of fish which may be caught in said nets 
must be returned unharmed immediately to the waters 
from which taken: Provided. That the entrance of 
said eel pot and fyke net shall not be more than six 
inches in diameter, and the outside diameter not more 
than thirty inches. Any person violatingany of the 
provisions of this section shall, on conviction thereof, 



FISH LAWS. 



187 



the shore i^Jih^ "^f ^„!5%ersey and Pennsylvania, 
the first day o* June and the thirty fist day^^^ 
gust in «''f/™'^V,f°VL'dav of September to the 

fhiefiVrdarrMiy':^H"k 

each year, for- the purpose »« .ta^'f b/uot "ess than 

-£r.irr=ed;p^^^^^^ 

^aX-o^f tt Sr 0-tls f4«V on con 
S. S^er ^^XaXeeI?ufe «raU°Lran^r„?her 
'"'^Mraot"dfnll take effect immediately but. shall 

^Sortion' in.^^Tt ^.hall ho nrilawful for any person to 
n-.tch and take, or to attempt to catch and take, from 
?he Delaware River below Trenton Falls,. in any man- 
ner whatever, any striped bass, otherwise kno^n as 
roJkfisS weighing more than twenty PO-^s or mea« 
nrine less than ten inches m length ; or any sturgeon, 
W than five feet in length ; or any black bass, or 
an^ small month bass, iSrge-mouth bass, otherwise 
know? as O'wego or yellow bass less than mne inches 
in length; or any pike or P^^kerel or any pike percn^ 
othen^ise known as wall-eyed pike oi^ Susquenanna 



Fine and 
forfeiture. 



Parallel net. 

Close season. 
Carp only. 

ProTlso. 

Proviso. 
Proviso. 



Fine and 
forfeiture. 



Length and 
weight of 
flsh that 
may be 
taken. 



188 



FISH LAWS 



Proviso. 



Fishing au- 
thorities. 



Fine, 



Boats, an- 
chors, and 
dredges. 



Unlawful 
use of. 



Fine. 

Explosives, 
or poisons. 



Deleterious 
or destruc- 
tive sub- 
stances. 

Pollution 
of waters. 



salmon, loss than twelve inches in length : or any 
calico or strawberry bass, crappie, white bass, rock 
bass, otherwise known as red-eye or goggle-eye, or 
trout, or charr, less than six inches in length. Any 
fish of a less length than those described, or any 
striped bass, commonly called rock fish, weighing more 
th.:m twenty pounds, which may be caught must be 
returned immediately to the water : Provided, That 
nothing in this section shall be so construed as to pre- 
vent the fishery authorities of the Commonwealth of 
Pennsylvania or of the State of New Jersey captur- 
ing fish of any size, from said waters, or at any time 
of the year, or n any manner, for propagation pur- 
pns-^s and for stocking other waters in their respective 
States, tlirougli their representatives. Any porson who 
shall violate any of the provisions of this section shall, 
on conviction thereof, be subject to a fine of ten dol- 
lars for each and every fish so caught and had in 
pos-sessfon. 

Soction 14. It sliall be unlawful for any person, 
bv boat, anchor, dredge, or otherwiso. in the Delaware 
River below Trenton Falls, to wilfully, and without 
reasonable cause, interfere with, bmak, damage, or 
df^stroy any drifting gill not or haulmg seine, or nets 
of anv descripton, being lawfully used ; .'^nd it shall 
be unlawful for any person to drift a gill net over 
the waters' of a shore fishery while the hauling seine 
is being used. Any person violating any of the pro- 
>nV;om, of this seetion shnl^ ou eonviction thereof, be 
subiect to a fine of twenty dollars. 

S?r>otiou 15. It shall h<^ unlawful for any p^»'son to 
put or place in the Delaware River below Trenton 
Falls any explosive or poisonous substances what- 
soever, 01^ any drug, or any poison bait, for the pur- 
pose of catchinc:. takinsr. killing, or injuring the fish ; 
or to allow any dye-stuff, eoal or gas tar. coal oil. 
sawdust, tan-bark, cocculus indicus (otherwise known 
as fish berries) , lime, vitrol. or any of the compounds 
thereof, refuse from gas-houses, oil-tanks or vessels, 
or any deleterious, destructive, or poisonous substances 
of any k^'nd or character, to be turned into, or allowed 
to run, flow, wash, or be emptied into, any of the 
w\atf^rs aforesaid, unless it is shown that every prac- 
ticable means have been used to prevent the pollution 
of waters in question by the escape of deleterious 
substances. In ease of the pollution of waters by sub- 



FISH LAWS 



189 



stances known to be injurious to fishes or to fish food 
it shall not be necessary to prove that such substances 
have actually caused the death of any particular fish. 
Any person violating any of the provisions of this 
section shall on conviction thereof, be subject to a 
fino of two hundred dollars. 

Section 16. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh dead 
game fish or food fish, except during the lawful period 
for catching the same, and the space of six days after 
such period has expired. Any person violating any of 
tlio provisions of this soction shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
fish. 

Section 17. The Commonwealth of Pennsylvania 
and the State of New Jersey shall have concurrent 
jurisdiction over all offenses and violations of tlr's act 
committed or attempted to be committed by any per- 
son or persons fishing in the Delaware River below 
Trenton Falls, within the jurisdiction respectively of 
the said Commonwealth of Pennsylvania and the State 
of New Jersey. Any fish warden, or any person in 
either State authorized to make arrests for violations 
of the fish laws shall have power and authority to 
m.ake arrests in any part of the river, or shores 
thereof, and take such person or persons for trial to 
the State in which the offense was committed, and 
proceed against the offender according to the legal 
procedure for violation of the fish laws of said State- 
If the arrest be made upon the shore of the said Dela- 
ware River, within this Commonwealth, the said per- 
son or persons shall be taken before any justice of the 
peace, alderman, magistrate, or other legally con- 
stituted authority in the county in which the arrest 
was made, and thereupon make charge of such viola- 
tion of the law, or any provision thereof; and the 
justice of the peace, alderman, or other legally con- 
stituted authority, shall forthwith hear and determine 
the guilt or innocence of the person or persons so 
charged, and, if convicted upon such charge, shall be 
sentenced by said justice, alderman, or magistrate, 
severally, to pay the fine or fines, penalty or penal- 
ties, provided in this act for such violations, together 
with the cost of suit ; said fines to be paid over forth- 
with to the treasurer of the county in which the pro- 



Fine. 

Unlawful, 
sale, offer, 
or Posses- 
sion. 



Fine. 

Concurrent 
jurisdiction. 



Arrests. 



Charge. 



190 



FISH LAWS. 



Proviso. 



Appeal. 

PrOTlBO. 



Bnnday 
arrest*. 



Interference 
with officers 



Fines. 
Repeals. 



sedition was brought, and said county treasurer to 
pay over the sum forthwith to the Cojmmissioner of 
Fisheries for the benefit of the Commonwealth : Pro- 
vided, That in ca>se the defendant or defendants shall 
neglect to pay, at once, the fine or fines so imposed, 
said defendant or defendants shall forthwith be sen- 
tenced to undergo imprisonment, in the county jail of 
the county where such conviction takes place, for 
a period of one day for each dollar of fine so imposed 
and unpaid, unless the defendant or defendants, upon 
conviction, shall give notice of intention to appeal, 
when such defendant or defendants shall be permitted 
to enter into good and sufficient recognizance to ap- 
pear before such justice, alderman, or magistrate, on 
or before the expiration of five days, if such appeal is 
not taken by them, or on the final determination of 
such appeal if it be not sustained, for execution of 
sentence : Provided also, That all actions for any 
violation of any of the provisions of this act must 
be taken within one year from the time of offense 
was committed. In case any fish warden, or any per- 
son authorized to make arrests for violation of the fish 
laws, fails to prove his case, and the defendant or de- 
fendants are discharged or in case- the defendant or 
defendants are convicted, and sent to jail, in lieu of 
the payment of fine or fines, penalty or penalties, the 
county in which the case is heard shall pay the costs. 
Such arrests shall also be made on Sunday, in which 
case the person or persons shall be taken before the 
proper officer and proceeded against on a week day 
following the arrest. 

Section 18. Any person or persons who shall by 
threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 
laws, in either State from enforcing or carrying into 
effect any provisions of this act, or who shall resist 
arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to a fine of 
one hundred dollars. 

Section 19. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed ; also ; all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed. 



FISH LAWS. 



191 



Proviso. 



* * * Acts repealed are act of May 22, 1889, 
part of act of May 22, 1889, act of May 12, 1901, 
and act of June 25, 1895, * * * 

Section 20. This act shall take effect immediately ; 
but no section, proviso, or part of this act shall be When act 
considered as valid and operative until a similar act i^to^ effect, 
has been enacted by the State of New Jersey : Pro- 
vided. That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not be 
come operative until June second, nineteen hundred 
and nine. 

Approved— The 1st day of May, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Gover- 
nor of that State on April 1st, 1909. 

An act similar to the amended sections 9 and 12 
of this act was passed by the Legislature of New 
Jersey and signed by the Governor upon the 21st day 
of March, 1911. 

And an act similar to amended section 7 of this 
act was passed by the Legislature of New Jersey and 
signed by the Governor upon the 15th day of April, 
1911. 

So that this act is binding in every particular upon 
the citizens of Pennsylvania. 



DELAWARE RIVER ABOVE TRENTON 
FALLS. 

An act to encourage the propagation of fish, and to 

regulate the catching, taking and destruction of i^^^, May 8 
fish, in the Delaware River above Trenton Falls, ^- •''• *°^' 
within the jurisdiction respectively of the Common- 
wealth of Pennsylvania and of the State of New 
Jersey; and providing penalties for violation of its 
provisions, and to repeal acts inconsistent there- 
with, -^j 
Section 1. Be it enacted, &c. , That the provisions 
of this act shall affect and apply only to the pro- Beia. Rirer 
pagation, catching, taking, and protection and de- abore 
struction, of fish in the waters of the Delaware 'J'renton 
River above Trenton Falls, lying between the Com- ^^"■• 
monwealth of Pennsylvania and the State of New 
Jersey. 



192 



FISH LAWS 



Right of 
fishery 



Game flsh. 



Baltfish 
Food fish. 

Lawful man- 
ner of fish- 
ing for gam« 
fish. 



Fine. 

Lawful man- 
ner of fish- 
ing for bait 
ftsh- 



Section 2, The inhabitants of the Commonwealth 
of I*onnsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout, 
in, and over the waters of said river, between low- 
water mark on each side of said river, between said 
States, above Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 

Section 3. For the purpose of this act, the follow- 
ing fish shall be designated as game fish, to wit, 
Black bass, or small-mouth bass ; large-mouth bass, 
otherwise called Oswego, or yellow bass, strawberry 
or calico bass; rock bass, otherwise known as rod-eye 
or goggle-e.ve ; white bass, crappie ; pike-perch, other- 
wise called wall-eyed pike, Susquehanna salmon ; 
pike, pickerel, white perch, yellow perch; charr; 
commonly called brook or speckled trout ; or any 
form of trout. The following shall be designated as 
'bait fish ; to wit. All species of minnows, killifishes, 
and stone catfish. All other species or var'eties of 
fish, whatsoever, shall be designated as food fish. 

Section 4, It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River above I'renton Falls, with any device, or by 
any means or method whatsoever, excepting with 
rods and lines ; or hand-lines, commonly called dip- 
sey or throw-lines, each having not more than three 
hooks ; or with trolling-lines, with spoon or artificial 
bait, having not more than one burr of three single 
hooks attached. The number of rods and lines, or 
the number of trolling-lines, not to exceed two of 
one or the other device named, and said lines must 
be under the direct and immediate supervision of the 
person fislu'ng therewith. Any person violating any 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty-dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River above Trenton Falls, 
except with the following de\nces : to wit. rods and 
lines and hand lines, with not more than three hooks 
attached ; a minnow seine, not more than one hun- 
dred feet in length ; a dip net, not more than five 
feet square; a minnow trap, the opening of which 
shall not be more than one and one-quarter inches in 



FISH LAWS. 



198 



diameter; ^ scoop net, with single handle, and with 
a diameter of net not more than two feet. Any per- 
son who uses any other device, method, or meaiis for 
catching bait fish, other than those specified in this 
section, shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River above Trenton Falls, 
with any device, method, or means excepting by the 
follow ng devices, and under regulations and re- 
strictions hereinafter dosoribod : to wit, a seine, an 
eel pot, or a fyke not, each without wings ; and rods 
and lines, or hand-lines, otherwise known as dipsey 
those named in this section, or shall use or employ 
any device named in this section contrary to the reg- 
ulations or restrictions hereinafter mentioned, shall 
or throw-lines, each having not more than three 
hooks. Any person who shall use or employ any 
method or device for catching food fish other than 
be subject to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
geon, from the Delaware River above Trenton Falls, 
with any device excepting a seine, the meshes of 
which shall not be less than thirteen inches stretched 
measure while beling fished ; or to catch and take 
or attetnpt to catch and take^ any other food fish 
from said waters with a seine the meshes of whVh 
shall be less than two and one-half inches stretched 
measure while being fished. It shall also be unlawful 
for any person to catch and fake, or to attempt to 
catch and take, any food fish, except sturgeon, by 
means of a seine, between the tenth day of .Tune, in 
each and every year, and the first day of March next 
ensuing. Any person who shall violate any of the 
prqvisions of this section shnll. on crn^nVtion th^n>of 
be subject to a fine of one hundred ($100) dollars, 
together with a f'>rfeiture of all nets, boats and appli- 
ances used. 

Section 8. It shall be unlawful for any person to 
catch and take or attempt to catch and take, any 
fif?h of nnv kind, from the D^lnware Rivor a>>ovo 
Trenton Falls- with a net of any character, which 

13 



Fine. 

Lawful auw- 
Der ot Aah- 
Ing for food 
fish. 



Sturgeon. 



Seine. 



Other food 

fish. 



Close 
season. 



Fines and 
forfeitures. 



Anchored ox 
Btaked net 
prohibited. 



194 



FISH LAWS. 



Eel pots and 
fyke nc'ta. 



Tributaries. 



Fiues and 
xorfeitures. 



Fisiiing by 
use of uet 
proiiibitod, 
witliiu cer- 
tain liours. 



Fine and 
forfeiture. 



F(kkI fisli. 
open season. 



Open season 
for game 
flsh. 



l^el pots and 
fyke nets ; 
close seaaon. 



is anchored or staked or fastened down in any man- 
ner, permanently or otherwise, or to use any net so 
anchored or fastened down, .n any manner. Nor 
shall any net of any kind or character, excepting an 
eel pot, a fyke net, each without wings, be used for 
the purpose of catching? and taking fish in said 
waters, within one-half mile above or below the 
nioutli of aiiy ii\( r, creek oi" stream emptying into 
said Delaware River above Trenton Falls. Any per- 
son who shall violate any of the provisions of this 
section shall, on conviction thereof, be subject to a 
fine of twenty (-$20) dollars, together with the for- 
feiture of nets, boats, and other appl ances used. 

Section 9. As amended by the act of June 3, 1911, 
P. L. (>37. 

Section 9. It shall be unlawful for any person to 
catch and take, fish of any kind or description from 
the Delaware River above Trenton Falls, by means 
of a net, or to use a net of any character in the 
waters aforesaid between Saturday at two o'clock 
I)ost meridian and twelve o'clock midnight Sunday 
n' ght, in each week. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, bo subject to a fine of one hundred dollars, 
togf'ther with a forfeiture of all nets, boats, and other 
appliances used. 

This act sliall take effect immediately, but shall 
not beconsidered as val d or operative until a similar 
act has been enaetod by the State of New .Tersey. 
A similar act passcnl by New .Jersey, May 1, 1911. 

Section 10. It shafl \^o lawful to catch food fish, 
with rods and lines, and hanfl-lines, and troll ing- 
lines, as described in section four of this act, at 
finy time of 'the year, in the T)(>laware River above 
Trenton Falls; but it shall be unlawful to fish for 
And take game fish, excepting from the fifteenth day 
of June to the first day of December, inclusive, in 
each year. Any person violating any of the provis- 
ions of this sction shall, on eou'-iction thereof, bo 
subject to a fine of ten (.$10) dollars for each and 
every fish so taken. 

Sopt-ion 11. It sh;'ll bo unlawful to use oo] pots 
and fyke nets, each without wings, in the Delaware 
River above Trtnton Falls, from .rune first to July 
first in each year, both dates inclusive; but it shall 



FISH liAWS. 



196 



be lawful to use eel pots and fyke nets, each without 
wings, from July first to May thirty-first, both dates 
inclusi\e, n each year, for the purpose of catching 
carp, catfish, eels, and suckers only. All other species 
of fish which may be caught in said nets must be 
returned unharmed immediately to the waters from 
which taken : Provided, That the entrance of said 
eel pot and fyke net shall not be more than six inches 
in diameter, and the outside diameter not more than 
tJiirty inches. Any person vi(5lnting any of <li(» pro- 
visions of this section shall, on conviction thereof, ^^ 
subject to a fine of twenty ($20) dollars, together 
with a forfeiture of all nets, boats, and other appli- 
ances used. 

Section 12, It shall be unlawful for any person 
to catch and take, or attempt to catch and take 
from the Delware River above Teuton Falls, in 
any manner whatsoever, any striped bass, otherwi^o 
known as rock fish, weighing more than twenty 
pounds, or measuring less than ten inches in length 
or any sturgeon less than five feet in length ; or any 
black bass, or any small-mouth bass, large-mouth 
bass, otherwise known as Oswego or yellow bass, less 
than nine inches in length ; or any pike or pickerel, 
or any pike-perch, otherwise known as wall-eyed pike 
or Susquehanna salmon, less than twelve inches in 
length ; or any calico or strawberry bass, crappie, 
white bass, rook bass, othoi-wis'^ known as red-evc or 
goggle-eye, or trout, or charr, less than six inches iij 
length. Any fish of a less length than those described 
or any striped bass, commonly called rock fish, 
weighing more than twenty pounds, which may be 
caught, must be returned 'mmodiately to the water: 
Provided, That nothing in this section shall be so 
construed as to prevent the fishery authorities of the 
Copimonwealth of Pennsylvania or of the State of 
New Jersey capturing fish of any size, from said 
waters, or at any time of the year, or in any manner 
for propagabng purposes and for stocking other 
waters in their respective States, through their au- 
thorized reprrsentatives. Any person who shall vio- 
late any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of ten dollars 
for each and every fish so caught and had in possess- 
ion. ' 



Opeu season 
for carp, 
catfish, eels, 
and suckers. 

Proviso, 



Fine and 
forfeiture. 



Length and 
weight of 
flsh that 
may be 
taken. 



PrcTlso. 

Fishery au- 
thorities. 



Fine. 



196 



FISH LAWS. 



Boats, 

Anchors and 
dredges. 

Unlawful 
on of. 



Tine. 

Btxploelre*, 
or poisons. 



Deletetiooi 
or destmo- 
tlTe-«ub- 
•tancefl. 



Pollution of 
waters. 



Fine. 



Unlawful 
Sale, offer, 
or posses- 
sion. 



Fine. 

Concurrent 
Jurisdiction,. 



Section 13. It shall be unlawful for any person 
by boat, anchor, dredge, or otherwise, in the Dela- 
ware River above Trenton Falls, to willfully, and 
without reasonable cause, interfere with, break, dam- 
age, or destroy any hauling seine, or net of any de- 
scription, being lawfully used. Any person violat ng 
any of the provisions of this section shall, on con- 
\'iction thereof, be subject to a fine of twenty dollars. 
Section 14. It shall be unlawful for any person 
to put or place in the Delaware River above Trenton 
Frtlls nnv explosive or poisonous substnncfs whatso- 
ever, or any drug, or anv poison bait, for the purpose 
of catching, taking, killing, or injuring the fish, or 
to allow anv dve-stnff. coal or gas tar, coal oil^ 
sawdust, tanbark, cocculus indicus (otherwise known 
as fish berries), l^me, \'''trol. or nnv of the comnounda 
thereof, refuse from gas-house, oil-tnnks or vessels, 
or any deleterious, destructive or poisonous substan- 
ces of nny kind or character, to be turned into or al- 
lowed to run. flow, wash or be emptied into, any of 
the writers aforesaid, unless it is shown that every 
practicable means has been used to prevent the ])ollu- 
tion of wnters in question by the escn])e of deleter- 
ious substnnces. In the case of pollution of waters 
bv substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that 
such substances have actually cnused the death of 
any particular fish. Any person violnt'ng any of the 
provisions of this section shnll. on con\nction thereof, 
be subject to a fine of two hundred dollars. 

S'^'^Hon l.*^. It shnll be unlnwfnl to purchnse, sell 
or offer for sale, or hnve in possession, any fresh dead 
game or food fish, except during the lawful period for 
catching the same, and the space of six days after 
sueh period has expired. Anv person violating anv of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
fish. 

Section 10. The Commonwealth of Pennsylvania 
and the State of New .Tersey shall have concurrent 
jurisdiction over all offenses and violntions of this 
act, committed or attempted to be committed by any 
person or persons fishing in the Deleware River nbove 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and of 



FISH LAWS 



197 



the State of New Jersey. Any fish warden, or any Arrest, 
person in either State authorized to make arrests for 
violation of the fish laws, shall have power and au- 
thority to make arrests in any part of the river, or 
shores thereof, and take such porson or persons for 
trial to the State in which the offense was committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 
said Deleware River, within this Commonwealth, the 
said person or persons shall be takon before any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of charge. 
such violation of the law, or any provision thereof ; 
and the justice of the peace, alderman, or other legally 
constituted authority shall fortlmith hoar aixd de- 
termine the guilt or innocence of the person or per- 
sons so charged and, if convicted upon such charge, 
shall be sentenced by said justice, alderman, or 
magistrate, severally, to pay the fine or fines, penalty 
or penalties. pro\ided in this act, for such violations, 
together with the costs of suit ; said fines to be paid 
over forthwith to the treasurer of the county in which 
the prosecution was brought, and said county treas- 
urer to no^' over the sum forthwith to the Commis- 
sioner of Fisheries, for the benefit of the Common- 
M^ealth : Provided, That in case the defendant, or de- proviso, 
fendants shall neglect to pay, at once, the fine or 
fines so imposed, said defendant or defendants shall 
forthwith be sentenced to undergo imprisonment, in 
the county jail of the county where such conviction 
takes place, for a period of one day for each dollar 
of fine so imposed and unpaid, unless the defendant 
or defendants, upon conviction, shall give notice of 
intention to appeal, when such defendant or de- Appeal 
Pendants shall be permitted to enter into good and 
sufficient recognizance to appear before such justice, 
alderman, or mngistrate, on or before the exniration Ball. 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it be 
not sustained, for execution of sentence : Provided 
also. That all actions for any violation of any of P^^^^s^*- 
the provisions of this pct must b'^ taken wi^^hin one 
year from the time the offence was committed. In 



198 



FISH LAWS, 



Costs. 



Interference 
with officers^ 



Fine. 
Repeals. 



When act 
shall go 
Into effect 

Previa*. 



case any fish warden, or any person authorized to 
make arrests for \iolation of the fish hiws, fails to 
I)rove his case, and the defendant or defendants are 
convicted, and are sent to jail, in lieu of the payment 
of fine oV fines, penalty or penalties, the county in 
which the case is heard shall pay the costs. Such 
arrests shall also be made on Sunday, in which case 
the person or persons shall be taken before the proper 
officer and proceeded against on a week day follow- 
ing the arrest. 

Section 17 Any person or persons who shall by 
threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for \aolation of the fish 
laws, in eitlier State, from enforcing or carrying into 
effect any provisions of this act, or who shall resist 
arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to a fine of 
one hundrcMl dollars. 

Section 18. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed ; also, all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed. 

* * * Acts repealed are act of May 22, 1889, 
part of act of Mav 22,1889, act of May 12, 1901, and 
act of June 25. 1895. * * . . 

Section 19, This act shall take effect immediately, 
but no section, proviso, , or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey : Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of the nets shall not 
become operative until June second, nineteen hun- 
dred and nine. 

Approved— The eighth day of May, A. D. 1909. 



EDWIN S. STUART. 



An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Gover- 
nor of the State on April 1st 1909. 



FISH LAWS. 



199 



ALIEN FISH LAW. 

An act to give additional protection to the fish in Act of April 
the waters within the Commonwealth of Penn- ^' ^qq^'^' 
sylvania ; prohibiting the fishuig for, or capture or 
killing of such fish ' by unnaturalized foreign-born 
residents and prescribing penalties for violation of 
its provisions. 

Section 1. Be it enacted, etc., That from and after Fish, 
the passage ©f this act, it shall be unlawful for any 
unnaturalized foreign-born resident to go fishing for pishijig Ijy 
or capture or kill, in this Commonwealth, any fish unnaturalized 
of any descrption. Each and every person violating resident, 
any provision of this section shall, upon conviction prohibited, 
thereof, be sentenced to pay a penalty of twenty dol- 
lars for each offense, or undergo imprisonment in 
the common jail of the county for the period of one 
day for each dollar of penalty imposed. 

Section 2. For the purpose of this act, any unnat- 
uralized foreign-born person who shall reside or live 
within the boundaries of the Commonwealth of Penn- 
sj^lvania for ten consecutive days, shall be con- 
sidered a resident, and shall be liable to the penalties jjgsj^iejit 
imposed for violation of the provisions of th's act. defined. 

Section 3. From and after the passage of this act 
any justice of the peace, alderman, or magistrate, 
upon inforaiation or complaint made to him by affi- Affidavit, 
davit of one or more persons, charging any person 
or persons with having violated the provisions of this 
act, is hereby authorized and required to issue his 
warrant, under his hand and seal, directed to any warrant, 
nonstable, peace officer, or warden, and cause such 
person or persons to be arrested and brought before 
such justice, alderman, or magistrate, who shall hear bearing 
and determine the guilt or innocence of the person or 
^ persons so charged ; and, if convicted of such charge, 
shall be sentenced by said justice, alderman, or 
magistrate, severally, to pay the fine or fines, penalltj' 
or penalties, provided in this act for such violations, 
together with the costs of suit. The whole of said 
fine shall be paid over forthwith to the treasurer of 
the county in which the prosecution was brought, and 
said county treasurer shall pay over the same forth- 
with to the Commissioner of Fisheries, for the benefit 
of the Commonwealth : Provided, That, in case tlie proyjao. 
defendant or defendants shall neglect to pay at once 



200 



FISH LAWS. 



Kon-pajme&t 



Notice Bt 
appeal. 



rrovlso. 

Counsel. 
Arrests. 

Authority of 
officers. 



Charge. 
Hearing. 



Costs. 

• Sunday 
arrests. 



the fine or fines so imposed, said defendant or de- 
fendants shall forthwith be sentenced to undergo im- 
prisonment in the county jail of the county where 
such conviction takes place, for the period of one day 
for each dollar of fine so imposed and unpaid, unless 
the defendant or defendants, upon conviction, shall 
give notice of intention to appeal, when such defend- 
ant or defendants shall be permitted to enter into 
good and sufficint recognizance to appear before such 
justice, alderman, or magistrate, on or before the ex- 
piration of five days, if such appeal is not taken by 
them, or on the final determination of such appeal 
if it be not sustained, for execution of sentence ; 
Provided also, That all actions for any violation of 
any of the provisions of this act must be taken within 
one year from the time the offense was committed ; 
and, when necessary to properly conduct any case 
before an alderman, justice of the peace, magistrate, 
or any court, the Commissioner of Fisheries is au- 
thorized to employ legal counsel. 

Section 4. From and after the passage of this act, 
any fish Commissioner, fish-warden, deputy-warden, 
sheriff, deputy sheriff, constable, or any special 
ofiicer, or any peace officer in this Commonwealth, 
is horr'by authorized and commanded to forthwith ap- 
prehend and arrest any person or persons who may 
be guilty of violating the provisions of this act, and 
take such person or persons before any justice of the 
peace, alderman, or magistrate, and thereupon make 
charge of such violation of this act ; and the justice 
of the peace, alderman, or magistrate shall forth- 
with hear and determine the charge, as provided in 
section three of this act ; and, in case any fish com- 
missioner, fish-warden, or any officer named above, 
fails to prove his case, and the defendant or defend- 
ants are discharged ; or, in case the defendant or 
defendants are convdcted, and are sent to jail in lieu 
of the payment of fine or fines, penalty or penalties, 
the county in which the case is heard shall pay the 
costs. Such arrests may also be made on Sunday, in 
which case the person or persons, so arrested, for 
safe-keeping may be committed to the jail or lock-up 
for that day, but shall be taken before the proper 



FISH LAWS. 



201 



magistrate and proceeded against on a week-day fol- 
lowing the arrest. 

Section 5. All acts or parts of acts inconsistent Repeal, 
with this act are repealed. 

Approved — The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



FROG AND TERRAPIN* LAW. 
An act to give protection, and to regulate the catch- 
ing or taking or having in possession, within this 
Commonwealth, of any bullfrogs, tadpoles, and ter- 
rapin ; and providing penalties and punishments 
for violation of any of the provisions of this act, 
and the manner of proceeding to enforce coni- 
pliance therewith ; and providing for the disposi- 
tion of the penalties and fines recovered and re- 
ceived ; and how, and by whom, the costs in such 
cases shall be paid. 

Section 1. Be it enacted, &c. , That from and after 
the passage of this act it shall be unlawful for any 
person to catch, take, or kill any bullfrogs or tad- 
poles, from the first day of November to the first 
day of July, both dates inclusive, and terrapin, * 
from the fifteenth day of March to the first day of 
November, both dales inclusive, in each year, in any 
of the waters within this Commonwealth or in the 
Ijoundary waters thereof. 

Section 2. From and after the passage of this act 
it shall be unlawful for any person to catch, kill, or 
have in possession in any one day more than twenty- 
■five bullfrogs, or more than fifty in any one season. 
Any person violating any of the provisions of this sec- 
tion shall, on conviction as provided in section eight 
of this act, be subject to a penalty of ten dollars for 
■each and every frog so taken, caught, or had in pos- 
session. 

Section 3. From and after the passage of this act 
it shall be unlawful for any one person to catch, 
take, or kill more than twenty-five tadpoles in any 

♦Under an opinion of the Attorney General the snapping turtle 
is not classed as terrapin. 



Act of May 
19,1917, P. 
L.322. 



Bullfrogs, 
tadpoles and 
terrapin. 



Close seaseni 



Unlawful 
catch of 
bullfrogs. 

Penalty. 



Unlawful 
catch of 
tadpoles. 



202 



FISH LAWS. 



Penalty. 



Unlawful 
catch of 
terrapin. 



Penalty. 



Use of light 
in catching 
bullfrogs. 



Penalty. 



Sections of 
act indepen- 
dent of each 
other. 



Selznre of 
derices used 
by Tiolateni. 

Arrest* axj- 
thorized. 



Hearing by 
magistrate. 



one day, or have more than twenty-five tadpoles in 
possession at any one time. Any person violating 
any of the provisions of this section shall, on convic- 
tion as provided in section eiarht of tliis act, be sub- 
ject to a penalty of ten dollars for each and every 
tadpole so taken, caught, or had in possession. 

Section 4. From and after the passage of this act 
it shall be unlawful for any one person to catch, 
take or kill more than five terrapin in any one day, 
or more than fifty in any one season. Any person 
violating any of the provisions of this act shall, on 
conviction as provided in section eight of this act, be 
subject to a penalty of ten dollars for each and 
every tcrrap.-n so taken, caught, or had in possession. 
Section 5. From and after the passage of this act 
it shall be unlawful to catch, take, or kill any bull- 
frogs by the use of a light at night. Any person 
violating any of the provisions of this section shal 
on conviction thereof as provided in section eight of 
this act, be subject to a penalty of twenty-five dol- 
lars. 

Section 6. The several sectionsi of this act are to 
be deemed independent of each other, in the event 
of any section hereof being declared unconstitutional, 
it is hereby declared as the intention of the Legisla- 
ture that such section may be eliminated therefrom 
without affecting any other portion of this act. 

Section 7 . That from and after the passage of this 
act any fish commissioner, fish-warden, special fish- 
warden, sheriff, deputy sheriff, constable, or any spe- 
cial officer, or any peace officer of this Commonwealth, 
is hereby authorized and commanded to forthwitli 
seize any net, nets, or device whatever that may be 
used in any violation of any of the provisions of this 
act, and turn the same over to the Department of 
Fisheries; aud they are hereby authorized and com- 
manded to forthwith apprehend and arrest any person 
or persons who may be guilty of violating any of the 
provisions of this act, and take him or them before 
any justice of the peace, magistrate, or other legally 
constituted authority, and thereupon make charge of 
such violation of tlie law, or of any of the provisions 
thereof; and the magistrate shall forthwith hear and 
determine the charge, as provided in this act; and in 
case any fish commissioner, fish-warden, or other of- 
ficer named above fails to prove his case, and the de- 



FISH LAWS 



203 



fendant or defendants are discharged, the county shall 
pay the costs ; and in case the defendant or defend- 
ants are convicted, and are sent to jail in lieu of 
the payment of the fine or fines, penalty or penal- 
ties, the county in which the case is heard shall pay 
the costs, without, however, relieving any defendant 
or defendants sentenced to pay the same. Such ar- 
rests may also be made on Sunday, in which case 
the person or persons shall be taken before tlie proper 
officer and proceeded against on a weok-day following 
the arrest. All fines, penalty or penalties, paid to 
any justice of the peace, alderman or magistrate, 
shall forthwith be paid over by him to the Commis- 
sioner of Fisheries, and by him deposited into the 
State Treasury, where it shall he kept as part of a 
fund separate and apart, to be used solely under 
the direction of the Department of Fisheries, for the 
purpose of defraying any of the necessary expenses 
incurred in the purpose of fish propagation and pro- 
tection. All boats, and nets, or devices, forfeited to 
the Department of Fisheries shall be sold, and the 
moneys received therefrom by the department shall be 
paid into the State Treasury, where it shall be kopt 
as part of a fund separate and apart, to be used 
solely under the direction of the Department of Fish- 
eries for the purpose of defraying any of the neces- 
sary expenses incurred in the purpose of fish propa- 
gation and protection. All illegal devices not pre- 
served for exhibition purposes are to be destroyed, 
under the direction of the Commissioner of Fisheries. 
Section 8. That any justice of the peace, alderman, 
or magistrate upon information or complaint made 
to him by affidavit of one or more persons, charging 
any person or persons with having violated any of the 
provisions of tliis act, or any of the rules and regula- 
tions adopted and promulgated by the Commissioner 
of Fisheries pursuant to this act, is hereby authorized 
and required to issue his warrant, under his hand and 
seal, directed to any constable, peace officer, or war- 
den, and cause such person or persons to be arj'ested 
and brought before such justice, alderman, or magis- 
trate, who shall hear and determine the guilt or inno- 
cence of the person or persons so charged ; and if con- 
victed upon such charges, shall be sentenced by said 
justice, alderman, or magistrate to pay the fine or 



County to 
pay costs if 
case falls. 

Payment of 
costs. 



Arrests on 
Sunday, 



Fines, etc., 
go to State 
Treasury. 



Piiiaplier- 
nalia to be 
sold. 



To be sepa- 
rate fluid for 
propagation. 



Illegal de- 
vices to be 
destroyed. 

Issuance of 
"warrant. 



204 



FISH LAWS. 



Fine paid to 

conunissiuiiof 
of Fisheries. 



Proviso. 



ProTiso. 



fines, penalty or penalties, provided in tliis act for 
such violations, t(^getlier with the cost of suit. 

The whole of said fine shall be paid over forthwith 
to the Commissioner of Fisheries, who shall deposit 
the same into the State Treasury, where it shall be 
kept as part of a fund separate and apart, to be used 
solely under the direction of tlie Department of Fish- 
eries for the purpose of defraying any of the neces- 
sary expenses incurred in the purpose of fish propa- 
gation and protection : Provided, That in case the 
defendant or defendants shall neglect to pay at once 
the fine or fines so imposed, said defendant or defend- 
ants shall forthwith be sentenced to undergo imprison- 
ment, in the county jail of the couty where such 
conviction takes place, for a period of one day for 
each dollar of fine so imposed and unpaid, unless the 
defendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recogni>5ance to apponr b'^fore such jus- 
tice, alderman, or magistrate on or before the expira- 
tion of five days if such appeal is not taken by them 
or on the final determinaton of such appeal if it 
bo not sustained for execution of sentence : Provided 
also, Tliat all actions for .any \nolation of any of the 
nro\'isions of this act must be tak^n within one y^ar 
from the time the offense was committed ; and. when 
n^c^ssary to properly conduct any case before any 
alderiman, justice of the peace, magistrate, or any 
court, the Commissioner of Fisheries is authorized to 
employ legal counsel. 

Approved— The 29th dav of May, A. D. 1917. 

MARTIN D. BRUMBAUGH. 



Act of July 
28th, 1917. 
P. L.. ]215. 



Fish law of 
1917. 



INLAND WATERS FISH CODE. 

An act to revise, amend, and consolidate the law re- 
lating to fish, and providing penalties. 
Section 1. Be it enacted, etc., That: — 
ARTICLE 1. 
Short Title and Definitions. 
Section 2. This act shall be known and may be 
cited as The Fish Law of one thousand nine hundred 
and seventeen. 



FISH lAWS. 



206 



Section 3. The term "person," except where the "PerBou"d»- 
context otherwise indicates means a person, fii-m, as- fi^^* 
sociation, or corporation. Singular number includes 
the plural. Masculine gender includes the feminine. 

Section 4. The term "game-fish," as used in this "G-ame Fish" 
act, means the following fish tCharr, commonly called 'ieftned. 
brook trout ; all species of trout and of the sfilmon 
family ; blue pike ; pike-perch, otherwise known as 
Susquehaima salmon, or wall-cyod pike; ])ickorol ; 
western pike ; muscallonge ; fall fish, small mouth 
bass, otherwise called black bass ; large mouth bass 
otherwise called Oswego, green or yellow bass ; crap- 
pie, grass, strawberry, or calico bass, white bass, 
rock-bass, otherwise known as red-eye, or goggle-eye 
and all other species or varieties of fresh-water fish 
called or commonly known as bass, except striped 
bass, or rock-fish.. 

Section 5. The term "bait-fish," as used ;n this "Bait Fish" 
act. means tho following fish : All forms of minnows, defined, 
all forms of kiHi-fishes, and stone catfish. 

Section 6. The tf^rm "food-fish." as usf'd in this ««pood fish" 
act. means all species or varieties of fish whatsoever defined, 
in the waters within this Commonwealth, not "game 
fish" or "bait-fish," 



ARTICLE II. 

Sunday Fishing Prohibited. 

Section 10. It is unlawful to fish for any species g^nday flabr 
of fish, or with any device, on the first day of the ing illegal, 
week, commonly called Sunday. Any person violating 
any of the prov'sions of this section shall, on convic- 
tion, as provided in Article thirteen of this act, be penalty, 
subject to a penalty of twenty-five dollars. 

ARTICLE III. 
Closed Season. 

Section 15, as amended by the act of July 9th, 1919, close 
P. L. 799. seaBons. 

Section 15. The following closed seasons are hereby 
established for: — 

(a) Charr, commonly called brook trout, or any 
species of trout except lake or salmon trout, from the ^J? ** 
first day of August to the fourteenth day of April next 



206 



FISH LAWS. 



Lake trout. 



nke-perch, 
or Susque- 
hanna sal- 
mon. 

Pickerel. 



Museallonge 
or western 
pike. 



Penalty. 



Legal posses- 

bi..i.. 



Bettom of 
fisb un- 
injured to 
■water when 
caught 
contrary to 
UW. 



Siz« of 
flBh. 



following, both dates inclusive ; 

(b) Lake trout or salmon trout, from the thirtieth 
day of September to the thirtieth day of June next 
following, both dates inclusive ; 

(c) Small and large mouth bass, rock-bass, white 
bass, crappie, strawberry, or calico bass, from the 
thirty-first day of December to the thirtieth day of 
June next following, both dntes inclusive ; 

(d) Pike-perch, otherwise called wall-eyed pike or 
Susquehanna salmon, from the thirty-first day of De- 
cember to the thirtieth day of June next following, 
both dates inclusive ; 

(e) Pickerel, from the thirty-first day of December 
to the thirtieth day of June next following, both dates 
inclusive : • 

(f) Muscalonge or western pike, from the thirty- 
first day of December to the thirtieth day of June next 
following, both days inclusive. 

Section 16. No person shall have in his possession, 
except as in this Article otherwise provided, any of 
the fish enumerated in section fifteen of this act dur- 
ing the closed season respectively provided for. Any 
person violating the provisions of this section is guilty 
• of a misdemeanor, and, on conviction as provided in 
Article thirteen of this act. shall be sentencefi to pay 
a fine of ten dollars for each fish so taken, caught, or 
had in possession. 

Section 17. Charr, commonly called brook trout, or 
any species of trout, except Inke tmut and large or 
small mouth bass, caught during the lawful season 
respectively provided therefor, may be kept in posses- 
sion six davs after the expiration of such season. 

Section 18. The provisions of section sixteen of this 
act do not apply to a person who, having caught any 
fish during the closed season respect' vely provided 
thorpfor. immodiately returns such fi«:h. in the con- 
dition in which it was captured, to the water from 
which it was t'^iken. 

Section 19. Tlie provisions of this article do not 
apply to fish artifically propagated under the author- 
ity of Article eight of this act. 

ARTICLE IV. 

S'7:e of Fish That May Be Causrht. 
St^ction 25, as amended by the act of July 9th, 1919 
P. L. 799, and the act of May 21st» 1921, P. L.-- 



FISH LAWS, 



207 



Section 25. No person shall have in possession, 
except as in tliis article othoinvise provided, any 

(a) Charr commonly called brook trout, or any 
species of trout except lake trout, less than six inches 
in length. 

(b) White bass, rock bass, crappie, strawberry, or 
calico bass, less than six inches in length ; 

^c) Black bass, or small mouth bass, or large 
mouth bass, otherwise called Oswago, green or yellow 
bass, less than nine inches in length ; 

(d) Pike-perch, otherwise called wall-ey.ed pike or 
Susquehanna salmon, less than twelve inches in length ; 

(e) Pickerel, less than twelve inches in length ; 

(f) Muscallonge or western pike, less than twenty- 
four in dies in length. 

Section 26. Any person violating the provisions of 
sicction tAventy-five of this act is guilty of a misde- 
meanor, and, on conviction as provided in Article 
thirteen of this act, shall be sentenced to pay a fine 
of ten dollars for each fish so taken or had in pos- 
session. 

Section 27. The provisions of sections twenty-five 
and twenty-six of this act do not apply to a person 
who, having caught any fish less than the size re- 
spectively permitted, returns such fish in the condi- 
tion in which it was caught to the water from which 
it was taken. 

Section 28. The provisions of this Article do not 
apply to fish nrtifically propagated under the authority 
of Article eight of this act. 

ARTICLE V. 



Charr or 
trout. 



White bass, 
rock bass, 
crappie, etc.< 



Pike-Perch. 

Pickerel . 
Muscallonge. 

Violation. 



Penalty. 

Rptnrn ol. 
fish to 
water unin- 
jured. 



Fish arti- 
ficially pro- 
pagated. 



Number of Fish Which May Be Caught. 

Section 35. No person, except as "n this Article Number of 

otherwise provided, shall, in any one day, catch, kill, fish that 

or have in possession more than the number of fish taken. ^ 
hereby designated for the respective species ; that is 
to say, — 

(a) Charr, or trout, of the combined species, twenty- charr or 
five ; trout. 

(b) White bass, rock bass, crappie, strawberry, or wiiite bass, 
calico bass, twenty-five ; rock bass, 

(c) Small or large mouth bass, twelve ; ®*°' 



208 



FISH LAWS. 



Pike rerch 
or Snsque- 
hanra sal- 
mon. 
Plfkcrpl. 
Mtisoallonge. 
Tellow 
perch. 
Snnflsh. 

VloUtlon. 
Penalty. 



Computation 
of number. 



riMh artUi- 
dally propa- 
gated. 



FMilng de- 
Tloea. 



G«Me HA. 
Bait tUk. 



Violation. 



(d) Pike-perch, otherwise called wall-eyed pike, or 
Susquehanna salmon, twenty-five ; 

(e) Pickerel, twenty-five; 

(f) Muscallonge or western pike, four? 
(ff) Yellow perch, fifty ; 

(h) Sunfish, fifty. 

Section 36. Any person violating the provisions of 
section thirty-five of this act shall, on conviction as 
provided in Article thirteen of this act, be sentenced 
to pay a fine of ten dollars for each fish taken, caught, 
or had iiji possession, over the number respectively al- 
lowed by this act. 

Section 37. In computing the number of fish taken, 
caught, or had in possession, the number of fish re- 
turned, in the condition in which tliey were caught, 
to the waters from which they were taken, shall be 
ommitted. 

Section 38. The provisions of this Article do not 
apply. to fish artificially propogated under the author- 
ity of Article eight of tliis act. 

ABTICLE VI. 

Fishing Devices. 

As amended by act of .Tuly 9th, 1919, P. L. 799. 

Sectron 45. No person shall use any device, means, 
or method whatsoever, except as in tiiis article other- 
wise pj'ovided, for taking fish from the wate** within 
this Commonwealth, except the following; that is to 
say, for — 

(a) Game-fish, two rods and two lines, and one hand 
line with not more than three hooks attached ; 

(b) Pood-fish, rods and lines, or one hand line with 
no more than three hooks attached. The rods and 
lines and the hand line must be under the immediate 
control of the person using the same; 

(c) Bait-fish, rods, hooks and lines, with not more 
than three hooks attached to each line ; a dip net, or 
minnow seine not over four feet in diameter; a min- 
now trap, with not more than one opening, which 
shall not exceed one inch in diameter. The rods, 
hooks, and lines must be under the immediate control 
of the person using the same. 

Soction 46. Any pei^son violating the provisions of 
section forty-five of this act is guilty of a misde- 
meanor, and, on conviction as provided in article 



FISH LAWS. 



209 



thirteen, shall be sentenced to pay a fine of twenty 
dollars, and shall forfeit to the Department of Fish- 
eries all devices unlawfully used. 

Section 47. The provisions of this article do not 
prohibit the use of a gaff or landing net, to assist in 
landing fish already caught by a lawful device. 

Section 48. The provisions of this article do not 
apply to fish artificially propagated under the author- 
ity of article eight of this act. 

Section 49. The provisions of this article do not 
fiPP.ly to fish caught by a seine or net for which a 
license is ohtained under the provisions of article 
seven of this act. 

Section 50. The provisions of this article do not 
apply to fish caught by a device for which a perpnit 
is obtained under the provisions of article twelve, sec- 
tion one hundred and twenty of this act. 

ARTICLE VII. 

Seine Licenses. 

Section 55. The Department of Fisheries is author- 
ized to issue a "Seine License," upon a written ap- 
plication therefor signed by the applicant, and upon 
the payment to said Department of the sum of two 
dollars . 

Section 56, as amended by act of JuW 9th, 1919, 
P. L. 799. 

Section 56. No seine or net shall be licensed for 
use except a haul seine, sometimes called a shore 
seine ; a dip-net, or a hold-in net, sometimes called a 
moon rake. The meshes of any of the above-enum- 
erated seines or nets shall be not less than two and 
one-half inches, stretched fishing measure, or one and 
one-quarter inches from knot to knot, while being 
fished . 

Section 57. The license certificates thall be pre- 
pared by the Department of Fisheries, and shall show 
the date of issue, the name and place of residence of 
the licensee, and the name and number of the seine 
or net licensed. The certificate may contain such 
other matters as the Department of Fisheries may de- 
termine. All seine licenses shall expire on the 
twenty-first day of June next following the date of 
issue. Such certificate shall be shown by the licensee 



Penalty. 

Legal use of 

pa ff or 
liinding net. 

Fish artlfl- 
cially propa- 
gated. 

Fish taken 
by seiae: 



Fish 

taken by 
permit. 



Seine llcenM 



Fee. 



Selne.dlp- 
net , hold-In 
net, etc., 

Size of 
mesh. 



Form and 
contents of 
license. 



Ibcplratlon ef 
license. 



14 



210 



FISH LAWS. 



Display of 
license. 



Kinds of 
fish ttint may 
be taken un- 
der license. 

Period when 
use of li- 
cense ia per- 
mitted. 



Waters 
wlierein li- 
censed seine 
or net may 
be used. 



Illegal use 

of s^'iue or 
net. 



Taking of 
fislx other 
than those 
permitted, 
illegal. 

No violation 
when fisli an 
immediately i 
returned im- 
injured. 

Use of un- 

lic(>nsod 
soiiio ov net. 
nn lawful. 

UnlnAvful re- 
moval of 
fish from 
licensed sei- 
ne or net. 



to nny lisli-warilen, eoustablo, or other person author- 
ized to make arrests for viohition of any provisions of 
the laws of this Commonwealth relating to fish. 

Section 58. A "Seine License" issued under thi» 
article authorizes the licensee to tish, with tlie licenced 
seine or net, for shad, herring, or alewife, catfish^ 
suckers, eels, and carp, from the first day of March to 
the twentietli day of June of the same year, in the 
waters of the Susquehanna River, from McCall's Ferry 
dam to the Maryland State line, or within tlie limit* 
of the tide-water of any tidal waters of this Comuion- 
wealth, and in ho other w'aters of this Commonwealth 
whatsoever. 

Section 59. No person shall fish with a seine or net 
in any waters of this Commonwealth, except tlie Sus- 
quehanna River from McCaJl's Ferry dam to the 
waters of a tidal stream. No person shall fish with 
a seine or net in the Susquehanna River from Mc- 
Call's Ferry dam to the Maryland State line, or 
withhi the limits of the tidal waters of a tidal stream 
of this Commonwealth, except from the first day of 
March to tlie twentieth day of June. No person shall, 
from the first day of March to the twentieth day of 
June, fish with a seine or net in tlie waters of the Sus- 
quclianiia River from IMcCall's Ferry <lam to the Mary- 
land State line, or within the limits of the tidal waters 
of any tidal stream of this Commonwealth, for any 
fish otiier than shad, herring, or alewife, catfish suck- 
ers, eels, and carp. A person who catches in a licensed 
seine, during the license period, fish other than those 
enumerated in the preceding paragraph, shall not be 
guilty of violating theprovisions of said paragraph if 
he immediatel.y returns such fish, so taken, to the 
waters from which taken and in the condition in which 
captured. No person shall, from the first day of 
March to the twentieth day of June, fish in the waters 
of the Susquehanna River from McCall's Ferry dam 
to the Maryland State line, or within the limits of 
the tidal waters of any tidal stream of this Common- 
wealth, with a seine or net other tlian a licensed net 
or seine. 

Section 60. No person shall remove fish from any 
licensed seine or net without the consent of the owner 
ther<^of, except that any person may return to the 
water any fish not autliorized to be taken by such 
device. 



FISH LAWS, 



211 



Section 61. Any person violating any provisions of 
this article except, as herein otherwise provided, as 
guilty of a misdemeanor, and, on conviction in the 
manner provided in Article XIII of this not, shall 
be sentenced to pay a fine of one hundred dollars, and 
shall foifeit to the Department of Fisheries all nets, 
seines, boats, or appliances unlawfully used. 

Section 62. The provisions of this article do not 
apply to fish artificially propagated under the author- 
ity of Article VIII of this act. 

ARTICLE VIII. 



Violations. 
Penalty. 



Forfeiture of 
appliances. 
Fish artift- 
cially propa- 
gated. 



Artificial Propagation Licenses. 

Section 70. The Department of Fisheries is author- 
ized to issue an "Artificiid Prop^-g ition Lie nse," upon 
a written application therefor, signed by the applicant, 
and upon the payment to such Department of the sum 
of ten dollars. 

Section 71. Applications shall be made on blanks 
prepared by the Department of Fisheries, and shall 
show the size, character, and purpose of the propaga- 
tion plant, and such ether matters as the Department 
may require. All licenses issued under this article 
shall expire on the first day of January next following 
the date of issue. 

Sect -on 72. No dams, poAids, or other devices which 

will prevent the free migration of fish shall be erected 

or placed by a person licensed under this article, in 

any stream flowing over his property. No person shall 

use the ponds so licensed for any purpose than for 

comjmorcial fish purposes. 

Section 73. The license issued by this article author- 
izes the license to carry on the business of propaga- 
tion and sale of all species of game, food, and bait 
fish, or the eggs thereof, during the year, for which 
the lioense is issued. The license authorizes the 
license to _ catch and "kill game, food, or bait fish 
from the licensed ponds, in any manner wharsoever, 
except with explosives or poisonous substances. The 
license further authorizes the licensee to sell or dis- 
pose of in any manner whatever, game, food, or 
bait fish, or the eggs thereof, at any time of the 
year ; and it authorizes express and railroad companies 
to receive and transport the sarnie. 



Artificial 

propagation 

license. 

Fee. 
Application. 



Expiration 
of license. 



Illegal ob- 
structions. 



Licensee's 

uutiiority. 



Transporta- 
tion. 



212 



FISH LAWS, 



niegal tak- 
ing of flfiiX. 



InTolce 
of sale. 



Display of 
inroice. 

Sale per- 
mitted for 
six days 
after date of 
Inroice. 



Report of 
license. 

Contents. 



Inspection 
of property 
and records. 



Illegal use 
of ftsh for 
stocking. 



Lawful ex- 
change of 
fish. 



lAwful kill- 
ing of do- 
mestic fowls. 



Lawful kill- 
Ing of wild 
birdj aad 

animols. 



Section 74. The license issued under this Article 
does not authorize the catching df fish out of any 
stream flowing over the property of the licensee, ex- 
cept the Susquehanna River from McCall's Ferry dam 
to the Maryland State line, and the tidal waters of 
any tidal stream in this Commonwealth. 

Section 75. A person selling fish under the license 
provided by this Article shall furnish the purchaser 
with a certificate or invoice of the sale, bearing the 
d.'tc of sale, the number of the license under which 
sold, the number of fish and number of pounds sold. 
The certificate or invoice must be shown by the holder, 
on demand of any fish-warden, clerk of the market, 
constable, or any person authorized to make arrests 
for violation of the laws of this Commonwealth relat- 
ing to fish. The certificate or invoice shall authorize 
the sale of the fish so purchased for a period of six 
days after its date of issue. 

Section 76. A person holding an artificial propaga- 
tion license under this article shall annually, on the 
first day of December, file with the Department of 
Fisheries a written statement duly sworn to show- 
ing the number, value, and number of pounds of game 
food, or bait fish, or the eggs thereof, sold or disposed 
of during the year. The books and property of the 
persons licensed under this Article shall be open to 
the Department of Fisheries or its agents for inspec- 
tion at all reasonable times. 

Section 77. No person licensed under thisi article 
shall in any manner stock or maintain their estab- 
lishments with any species of game-fish, food-fish, or 
bait-fish, or eggs thereof, taken from any water» 
within this Commonwealth not owned, occupied, or 
controlled by them. This section does not prohibit 
the exchange of fish eggs or the fry of any species 
of game, food, or bait fish, with the Department of 
Fisheries. 

Section 78. A license issued under this Article- 
authorizes the licensee or his agent to kill, after five- 
days' notice to their owner, if known, any domestie 
bird or fowl trespassing on the waters or lands con- 
trolled, used, or occupied entirely for the artifioiaT 
propagation of fish. Such license also authorizes the 
licensee or his agent to kill any wild birds or wild 
animals destructive to fish life whenever found on 
such waters or lands. 



FISH LAWS 



213 



Section 79, No person shall artifically propagate 
game, food, or bait fish, without first procuring the 
license provided by this Article. No person receiving 
a license as provided by this Article shall operate a 
propagating plant different from that designated in the 
license. No person operating a propagating plant, for 
which a license has been issued for the operation of 
such plant, shall catch fish out of any stream flowing 
over the property of the licensee. 

Section 80. No person shall fish, or trespass with 
intent to fish, in or upon any waters, or bed or banks 
of any waters, or any banks, owned, controlled, or 
occupied by persons licensed by this article. No per- 
son shall wilfully or maliciously destroy, or damage 
any ponds, property or apnliances whatever of a 
propagating plant licensed under this Article. No 
person j^h.ill interfere, or obstruct, pollute, or di,minish 
the natural flow of water into or through, a propagat- 
ing plant licensed under this Article. 

Section 81. Any person violating any provision of 
this Article is guilty of a misdemeanor, and shall, on 
conviction, in the manner provided by Article thirteen 
of this act, be sentenced to pay a fine of one hundred 
dollars . 



Illegal pro- 
pagatioQ of 
flsli. 



Unlawfnl 
trespaw. 



Unlawfol d»- 
Btructlon of 

plant. 

Interference 
with flow of 
water. 

Violation. 



Penalty. 



ARTICLE IX. 



Dams, Fishways, Bar-racks, Obstructions, Etc. 

Section 85. Any person now or hereafter erecting 
or maintaining a dam in the waters of this Common- 
wealth shall immediately, on a written order from the 
Commissioner of Fisheries, erect therein such chutes, 
slopes, fishways, gates or other devices, as tlie Board 
of Fishery Commissioners may deem necessary to en- 
able the fish to ascend and descend the waters at all 
seasons of the year. 

Section 86. ^ Every such chute, slope, fishway, gate, 
or other device, shall be maintained open and in 
good order and repair, by the person owning or main- 
taining such dam, until such dam is removed, raised, 
or rebuilt. 

Section 87. Any chute, fishway, or other device 
aforesaid, may be closed for repairs at the time of 
low water, but such closing shall only be for a period 
of thirty days at any one time. 



Dams, flBb- 
waya bar- 
racks ,0b- 
structlona, 
etc. 

Erection of 
ftshwajra, 
etc., apoa 
order of 
ConunlEh 
Bloner of 
Fislierles. 

Malnteoanoa 
of fisliwaya, 
etc., 

Cloaing for 

repairs. 



214 



FISH LAWS. 



Penalty. 



Failnre to 
comply with 
order of 
Commissioner 
of P*isheries. 



When fish- 
ways, etc., 
may be con- 
structed by 
Comniissioner 
of Fisheries. 



Unlawful 
dra^'\ingr off 
of water. 



Obstruction 
of flow of 
water. 



Penalty. 

Illegal fish- 
ing at fish- 
ways and 
dams. 



Section 88. Any person neglecting or refusing to 
comply with sccticns eighty-five and oidity-six of this 
Article, within three months from the date of notice 
provided m section eighty-five of this act, shall forfeit 
and pay the sum of one hundred dollars for every 
month such person so refuses or neglects. Such sum 
shall bo recovered by civil suit or process in the name 
of the Commonwealth. 

St-ction 89. If, after the lapse of three calendar 
mouths from the date of notice provided by section 
eighty-five of this act, the person owning or maintain- 
ing such dam neglects or refuses to erect or place or 
maintain, unchanged, open, and in good order and 
repair, the appliance as directed by the Commissioner 
of Fisheries, said Commissioner is authorized to enter 
upon such dam and erect such slope, chute, fishway, 
or gate, or make such repairs, as may have been 
directed as aforesaid. The cost thereof shall be 
charged against the person owning or maintaining 
such dam, by the Commissioner of Fisheries, and may 
be recovered by civil suit and process in the name of 
the Commonwoiilth. 

Section 90. Where, by reason of any dam having 
been constructed prior to any requirements by law of 
the placing of chutes, slopes, or fisliways therein, or 
for any other reasons, the owner of person maintain- 
ing such dam cannot be compelled by law to pay the 
cost of erecting such chute, slope, or fishway, as 
directed by the Commissioner of Fisheries, such cost 
shall be paid by the Commonwealth of Pennsylvania 
out of such funds as may be appropriated therefor. 

Section 91. No person owning, leasing, or main- 
taining a dam, holding back waters inhabited by fish, 
shall draw off such waters without first applying for 
written permission from the Department of Fisheries ; 
nor sliall any such person obstruct the flow of water 
through any such dam, without allowing sufficient 
water, at all times, to flow in the natural stream on 
which such dam is located, to enable the fish to live. 
Any person violating the provisions of this section is 
guilty of a misdemeanor, and, on conviction as pro- 
vided in Article thirteen of this act, shall be sentenced 
to pay a fine of one hundred dollars for each offense. 

Section 92. No person shall fish, except with a 
rod, hook, and line, within one hundred feet of the 



FISH LAWS, 



215 



lower end of any fishway or dam, or within such other 
distance as the Commissioner of Fisheries may de- 
termine. Such distance shall be plainly posted on the 
fishway or adjacent shore. Any person violating the 
provisions of this section is guilty of a misdemeanor, 
and, on conviction as provided in Article thirteen of 
this act, shall be sentenced to pay a fine of one hun- 
dred dollars. 

Section 93. Any person owning or maintaining a 
race-way, flume, or inlet-pipe, leading to a water- 
wheol, turbine, pump, or canal, shall immediately, 
upon receipt of a written order from the Commis- 
sioners of Fisheries, place and maintain a bar-rack, of 
not loss than one-half inch, nor more than an inch and 
a-half space between the bars, in or near such race- 
way, flume, or inlet-pipe sufiicient to prevent fish from 
entering therein. Any person refusing or neglecting 
to comply with such order for a period of one month 
shall forfeit and pay the sum of one hundred dollars, 
which shall be recovered by civil suit and process in 
the name of the Commonwealth. 

Section 94. If one month after the notice provided 
in section ninety-two of this act, the person owning 
or operating such raceway, flume, or inlet-pipe has not 
placed such bar-rack as may have been directed, the 
Commissioner of Fisheries is authorized to enter upon 
such race-way, flume, or inlet-pipe, and place a bar- 
rack, of not less than one-half inch nor more than 
an inch and a half space between the bars. The cost 
thereof shall be charged against such owner or opera- 
tor, and if not promptly paid may be recovered by civil 
suit and process in the name of the Commonwealth . 

Section 95. No person shall place any device or 
object in the waters within this Commonwealth in 
such a manner as to obstruct the migration or passage 
of fish therein, or to obstruct any fish-way. Any per- 
son violating the provisions of this section is guilty 
of a misdemeanor, and, on conviction as provided in 
Article thirteen, shall be sentenced to pay a fine of 
one hundred dollars. 

Section 96. Any obstruction in the streams of this 
Commonwealth, not permitted by law, shall, when 
found, be immediately removed by any Fish Commis- 
sioner, fish-warden, sheriff, or other peace ofl5cer. 



Penalty. 



Screening 
raceways, 
Humes, etc. 



Penalty. 



Action upon 
failure of 
owner to 
I'lace screen. 



Owner to 
pay cost of. 



Unlawful ob- 
stiniction of 
nitration of 
fish. 



Penalty. 



Removal of 
obsti-uctions. 



216 



FISH LAWS, 



ARTICLE X. 



Pollution and 
trespass on 
State Hatdi- 
eiies. 

Unlawfnl 
placing of 
exploeires, 
etc., and 
pollution. 



KxploslTes 
for engineer- 
ing purposes. 



Violation. 
Penalty. 



Unnecefisary 
to prore kill- 
ing of flsli. 



Unlawful 
trei^pass on 
State Hatch- 
ery. 

Unlawful de- 
Btructlon or 
pollution. 



Penalty. 



Pollution, Trespass on State Hatcheries. 

Section 100. No person shall put or place in any 
waters of this Commonwealth anj' electricity, explo- 
sives, or any poisonous substances whatsoever, for 
the purpose of catching, injuring, or killing fish. No 
person shall allow any substance of any kind or char- 
acter, deleterious, destructive, or poisonous to fish, 
to be turned into, or allowed to run, flow, wash, or 
be emptied into, any waters within this Common- 
wealth, unless it be shown to the satisfaction of the 
Commissioner of Fisheries or to the proper court that 
every reasonable and practicable means has been use^ 
to abate and prevent the pollution of waters in ques- 
tion by the escape of deleterious substances. 

Section 101. The preceding section of this article 
does not prohibit the use of explosives for engineer- 
ing purposes, when a written permit has been given 
therefor by the proper National, State of municipal 
government authorities . 

Section 102. Any person violating the provisions 
of this Article shall, on conviction as provided in 
Article thirteen of this act, be sentenced to pay a 
fine of one hundred dollars. 

Section 103. In prosecutions under this Article, for 
the pollution of waters by substances known to be 
injurious to fish or to fish food, it shall not be neces- 
sary to prove that such substances have actually 
caused the death of any particular fish. 

Section 104. No person shall fish, or trespass with 
intent to fish, either upon any waters, or bed or banks 
of any water, or any lands controlled or owned or 
occupied by the Department of Fisheries. No person 
shall wilfully or maliciously destroy or damage any 
ponds, property, or appliances, whatsoever, of the De- 
partment of Fisheries ; nor interfere, obstruct, pollute, 
or diminish the natural flow of water into or through 
any State hatchery. Any person violating the pro 
visionsi of this section shall on conviction as provided 
in article thirteen of this act, be sentenced to pay a 
fine of one hundred dollars. 



FISH LAWS. 



217 



ARTICLE XI. 

Sale of Fish, Markets, Hotels, Etc. : Reports. 

Section 110. No person, and no proprietor, mana- 
ger, clerk, or agent of any market, hotel, boarding- 
house, eating-house, restaurant, or saloon, shall pur- 
chase, sell, or expose for sale, whether caught within 
or without this Commonwealth, any brook trout, or 
any species of trout, except lake trout, any small 
mouth bass or large mouth bass. No person, and no 
proprietor, manager, clerk or agent of any market, 
hotel, boarding-house, eating-house, restaurant, or 
saloon, shall contract with or employ any person to 
catch and keep such fish for him, by the day or other- 
wise. 

Section 111. A person engaged in catching fish for 
market, or who may be engaged in the sale of fish, 
shall, on demand of the Commissioner of Fisheries, 
furnish at the close of each calendar year a duplicate 
statement of their sales of fish and the gross amount 
of money realized. The contents of such reports shall 
be used by the Department of Fisheries entirely for 
statistical purposes. The contents of such reports, so 
received by the Department of Fisheries, shall not be 
made public without the written consent of the owner. 

Section 112. Any person violating the provisions of 
this Article is guilty of a misdemeanor, and, on con- 
viction as provided in Article thirteen of this act, 
shall be sontonced to pay a fine of twenty-five dollars. 

Section 113. This article does not prohibit any per- 
son from employing a guide to accompany him when 
fishing. 

Soction 114. This Article does not apply to fish 
artificially propagated and sold under the authority 
of Article eight. 

ARTICLE XII. 

Commissioner of Fisheries ; General Powers and Du- 
ties ; Fish-Wardens; Appointments, Powers, Com- 
pensation. 
Section 120, as amended by act of July 9th, 1919, 

P. L. 200. 

Section 120. The Commissioner of Fisheries may 

grant permvssion to catch fish in any of the waters of 

this Commonwealth, at any season of the year and 



Sale of flfllu 

Unlawful 
sale. 

Unlawful 
rnrchase or 
hire. 



Report of 
Bale of fish,. 



Penalty. 



Employroent 
of guides. 



Fish artifi- 
cially propa- 
gated. 



Powers of 

CoTninissioner 
of Fisheries, 
etc. 



Permlseloo 
to take flslu 



218 



FISH LAWS. 



Special de- 
Tice permits. 



Taking fish 
by Commis- 
Bioner of 
Fisheries. 



Promulgation 
of rules and 
regulations. 



with any kind of nets or devices, for a period not 
exceeding one year, to a person engaged in scientific 
research, or for the propagation cf fish and the stock- 
ing of waters therewith. Persons permitted to fish 
pursuant to the foregoing provision of this section 
shall make a return, in writing, to the Commissioner 
of Fisheries, of all flsh caught by them, and also the 
use made by them of the fish so caught. 

The Commissioner of Fisheries shall issue a special 
permit for seines other than those otherwise provided 
for, for outlines, fyke nets, dip nets, eel racks, spears, 
burr hooks and loops or snares, for purposes other 
than artificial propagation, upon written application 
therefor and signed by the applicant. Such permit 
shall be known as a "special device pennit," and shall 
authorize the person to whom issued to catch food fish 
for such a period and under such conditions and re- 
strictions as the Commissioner of Fisheries may pre- 
scribe. Special device peraiits shall be issued for the 
use of eel racks for periods extending no longer than 
from the fifteenth day of August until the fifteenth 
day of November, of each year (both days inclusive). 
Such permits shall be issued for the use of outlines, 
fyke nets, dip nets, and spears, for periods extending 
no longer than from the fifteenth day of April until 
the fifteenth day of November of each year (both days 
inclusive) ; and for the use of burr hooks, and loops, 
or snares for periods extending no longer than from 
the fifteenth day of April of each year till the fifteenth 
day of January of the following year (both days in- 
clusive). The permit shall be revoked by the Com- 
missioner of Fisheries upon violation of any condition 
or restriction upon which it is issued or of any pro- 
vision of this act. 

Section 121. The Commissioner of Fisheries may 
catch fish in any of the waters of this Commonwealth 
at any season of the year and with any kind of nets 
or devices. The Commissioner of Fisheries may pro- 
mulgate such rules and regulations for the angling, 
catching, or the removal of fish in or frcm waters, 
artificial or otherwise, wholly within this Common- 
wealth, as are not inconsistent with any provisions 
of this act or other constitutional or statutory pro- 
vision. 



FISH LAWS. 



219 



Section 122 The Commissioner of Fisheries shall 
make free distribntion or planting of fish Prodjiced 
a^ the State fish hatcheries or otherwise acquired^ in 
the following order or preference : ^irst' ^To the pub 
lie waters of the Commonwealth within the fetate 
forestry reserves. Second, To the pubic school au- 
thorities and to persons connected with institutions 
of learning, who may apply for the same for educa- 
tional purposes, or for scientific research, and to per- 
sons applying for fishing culture for aquirum pur- 
poses and show ponds. Third, To the waters within 
this Commonwealth, the bed and banks of which are 
the subject of private ownership, but whose owners are 
upon a written application of one or more ot the 
owners or lawful occupants thereof. Fourth, To the 
waters within this Commonwealth the bed and biinks 
of v/hieh arc the subject of private ownership, 
non-residents and unknown, or whose owners, by habit 
and custom, permit the public to fish therein. ihe 
Commissioner of Fisheries may distribute and plant 
fish without an application therefor. 

Section 123. Any person who shall by false rep- 
. rescntation, receive fish fro^m the Department of Fish- 
eries, and plant the same in waters where the public 
are not allowed to fish, shall on conviction m the 
manner provided by Article thirteen of this act, be 
sentenced to pay a fine of twenty-five dollars for each 
offense. 

Any natural stream or lake in this Commonwealth, 
which has been or may be stocked with fish furnished 
by the Commonwealth or the Department of Fisheries, 
shall be open to the public for the purpose of lawful 
fishing; but nothing in this section shall be so con- 
strued as to free any person trespassing on the lands 
of any person in this Commonwealth, from liability 
for any damage he may do to said lands or the im- 
provement thereon, or to any crops or livestock or 
poultry thereon. 

Section 124. Tlie Commissioner of Fisheries is 
authorized to set aside, at his discretion, such small 
streams and lakes as he may judge best, as nursery 
streams or lakes, in which fishing shall be prohibited 
at all times of the year. Before setting aside such 
streams or lakes, the Commissioner of Fisheries shall 
give public notice of closing of such streams or water, 
by publishing the prohibition and duration thereof 



r-istribution 
of fish. 

Public 
waters on 
State lands. 

Educational 
purposes. 



Waters flow- 
ing through 
piiTate 
lands. 



Watei-s flow- 
ing through 
laiids owned 
by non-resi- 
dents. 

Obtaining 
ftsh by false 
representa- 
tion. 



renalty. 

Waters open 
to public. 



Liability for 
damage. 



Closing of 
nursery 
streams oor 
lalces. 

Notice in 
newspapers. 



220 



FISH LAWS. 



Notice on 
Btreains or 
lakes. 



Penalty. 

Appointment 
of Fish War 
dens. 



Chief War- 
den. 



Tenure of 
office. 



Compensa- 
tion. 



Bzpenses. 



Powers of 
IHsh War- 
dens. 



in two newspapers of general circulation, published in 
the county or counties where such stream or water 
is located, once a week for three consecutive weeks. 
Notice of such closing shall also be posted at the out- 
let of the stream or lake so closed and at intervals of 
three hundred yards along the banks thereof. Any 
person fishing, catching, or killing any fish, from any 
stream or water so closed, shall on conviction in the 
manner provided by Article thirteen, be sentenced to 
pay a fine of one hundred dollars. 

Section 125. The Commissioner of Fisheries, with 
the advice and consent of the Board of Fishery Com- 
mission, is authorized to appoint sixty-five competent 
citizens of this Commonwealth as fish-wardens. The 
Commissioner of Fisheries shall, from time to time, 
by and with the advice and consent of the Board of 
Fishery Commission, d<^signate one of such wardens 
as chief warden, who shall remain as such during the 
pleasure of the Commissioner of Fisheries and shall 
perform such duties as the Commissioner of Fisheries 
may prescribe. The chief warden shall liave the direc- 
tion and control of other wardens under the direction 
of the Commissioner of Fisheries. 

Section 120. Fish-wardens appointed under the 
preceding section shall hold office during the pleasure 
of the Commissioner of Fisheries. Fish-wardens shall 
receive such comiionsation for their services as the 
Commissioner of Fisheries and the Board of Fishery 
Commission may determine, and shall be allowed such 
expenses as may be deemed bv the Commissioner of 
Fisheries and the Board of Fishery Commission just 
and reasonable. 

Soctinn 127. A fish-warden shnll have power — 

(a) To enforce all the laws of the Commonwealth 
relating to fish ; 

(b) To execute all warrants and search-warrants 
for tho violation of the fisli laws: 

(c) To serve subpoenas issued for the examination, 
investigation and trial of all offenses against the laws 
relating to fish ; 

(d) To carry fire-arms or other weapons in the per- 
formance of his dut'es : 

(e) To search, without warrant, any boat, convey- 
ance, vehicle, fish-box bag. coat, basket, or other 
receptacle for fish, when he has reason to believe that 



FISH LAWS, 
any provision of any law of this Commonwealth relat- 
ing to fi«l^ y^ ^r^nk^'o'TOssession of any and all fish 
1(f) To seize and <ak« P^'J^f.'^^*. "ken or killed at any 
^hich may have been ^^7^>^;7'j^urpose, or had in 
time, in any mannerjn- foi any i i ^^^.^^^^^^^ ^^ 

possession or under control or nave ^^^.^ ^^^^ _ 

Ibout to be shipped, contuiry to the a ^^^^^^ ^^ .^ 
taonwealth ; fish so soiz«hI shall » ^ ^^. ^.^.^t ; 

Tanner as the Comn^issioner of Fish^^n.^^ .^y^^^ ^^^_ 

(g) To enter upon any lana oi 
^^'h) To demand" nd' secure proper assistance in ease 
"^i^Tf"puvcbase flsh tor the purpose o£ securing 

evidence. ^^ j^n shall Icoop a record 

Secuon 128 Ef""^,; ts, „nd expenditures; and 
of his official acts, ^^"j ' ' „ „alte a summary of 
8h„Jl at the dose °'^J«JjS information as.mny be 
such record, with &uc_n <"^t'' "-" , y^^ required by, 

necessary for "'« >"f",™?''"%nch summary shail be 
the Department of f '^''^^^-^it't.aX The chief 
immediately -"^J\X^ Commissioner of Fisheries 
warden shall report w ^''\ ^i „ ..„,,^ of {^v of 

any nc-sligenee or ^"^^^X^^^^.^/Aang thereto. The 
the fish-wardens, with t^^ ta^ts mat s (.^^^i^. 

-b-^ TrTshS ^Mr^ope-t^on'^iuHn. the precod- 
fiioner of i^ i^"f ^\^S'i, \r^,.o «noh other reports as maj 
ing month, and f?,fcC^^^sSoneroT Fisheries. The 
l,e require_(l by the Comm^^«ion ^ writing, the 

chief warden ^\^^l^^.^f""^S7,2;rdinatos during the 
operations ^^^iV.^^^'Visherv Commission, 
year to the Boaid of ^'^^^r- of Fisheries, on 

Section ^29. The Commissiont ^^ ^^^^ 

written application of ^ pr^^^P^riy « - application of 
tective association, or .«" ^^^^^-^^^^^^^ l^.^^ng waters, 
any association ^^^m^^^^i^^^^^S flsh^^^ for the 

may appoint one ^^^^i^^^^.^^^^^^^ is made. The Com- 

^"^•''^;\T'Ftshe^ries^mn"^^^ «P-inl fish-war- 

fmissioner of insneri* h m^ i p ^^nwcalth. All 

this section, niay exerciM. l i succeed- 

^^"V'hrd ,t* of thel; m ,,;:r,rtm'nt"-Ld no longer 
;Splcial fish-wardens shall haye the same powers and 



221 



Record and 
report of 
wardens. 



Warden. 
Roport of 
Chief 



Appointment 
of Special 
Fish War- 
dens. 



Expiration. 



rowers. 



222 



FISH LAWS. 



Not entitled 
to remuner- 
ation. 



Exception. 
Compensation 



Issuance of 
bulletins. 



Annual report 
of Commis- 
sioner. 

Provisions 
independent 
of each 
other. 



Enforcement 
and pro- 
cedure. 



Destruction 
of illegal 
devices. 



Arrests. 



Arrest and 
tearing. 



shall make tlie same reports as is conferred on and 
required from other flsh-wardens. 

Section 130. A special fish-warden shall not be 
entitled to any salary, compensation, or expenses for 
his services, from the Commonwealth, unless such 
special fish-warden shall be detailed, by writing, for 
duty by tlie Commissioner of Fisheries ; in which case 
the Commissioner of Fisheries may make a per diem 
allowance for compensation and reasonable expenses, 
out of any moneys available for the compensation and 
expenses of other flsh-wardens. , 

Sectin 131. The Commissioner of Fisheries, with 
the authority of the Board of Fishery Commission, 
may issue such bulletins relating to fish culture and 
fish protection as he deems best for the interests of 
the work of the Department of Fisheries. The Com- 
missioner of Fisheries shall make a report annually 
to the Governor of the operations of the Department 
of Fisheries. 

Section 132. The several provisions of this act are 
independent of each other, and n the event of any 
provision being declared unconstitutional, it is hereby 
declared as the legislative intent that such section may 
be eliminated therefrom without affecting any other 
provision of this act. 

ARTICLE XIII. 

ENFORCEMENT OF THE ACT: 

Cr minal Procedure. 

Section 140. Any Fish Commissioner, fish-warden, 
special warden, sheriff, constable, or any special of- 
ficer, or any peace officer in this Commonwealth, is 
hereby authori^jed and required to proceed, with such 
force of the county as may be necessary, to destroy 
fny device for catching fish used contrary to or pro- 
hibited by law in any of the waters within this Com- 
monwealth. Such officers are hereby required to ar- 
rest, with or without warrant, any person owning, 
placing, or using such device or violating any provi- 
sion of this act. 

Section 141. Such officers are authorized and re- 
quired to apprehend and arrest, and mmediately take 
any person guilty of any violation of this act before 



FISH LAWS. 



223 



any alderman, magistrate, or justice of the peace, who 
shall forthwith hear and determine such charge in the 
manner herein provided. 

Section 142. In case of any Fish Commissioner, 

fish-warden, or any other officer hereinbefore named, 

fails to prove his case and the defendant is discharged, 

or in case the defendant is convicted and sent to jail 

in lieu of the payment of fine, the county in which the 

case is heard shall pay the costs. 

Section 143. Such arrests may be made on Sunday, 
or any legal holiday ; in which case the person so 
arrested shall be taken before the proper officer, and 
proceeded against on the first lawful day following the 
arrest. 

Section 144. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Common- 
wealth, refusing or neglecting to proceed with such 
force of the county to forthwith remove and destroy 
any existing device illegaly used for the catching of 
fish within its jurisdiction, after being notified in writ- 
ing of the existance of such illf^gnlly used device ; or 
any such officer neglecting or refusing to remove or de- 
stroy any such illegal device for catching fish within 
the Commonwealth, of which he shall be cognizant, 
shall, on conviction as provided herein, be sentenced 
to pay a fine of fifty dollars. 

Section 145. Any person who shall, by threat, 
menace, or force, or in any mannor, attempt to deter 
or prevent any fish-warden, or other person authorized 
to make arrests for violation of the fish-laws, from 
enforcing or carrying into effect any provision of this 
act, or who shall resist the seizure of boats, devices, 
or nets illegally used, shall, on conviction, theroof as 
provided herein, h( sentenced to pay a fine of one 
hundred dollars. 

Section 146. In all cases of arrest for the violation 
of any of the provisions of this act, the possession 
of the fishes or of the r,ets, or the possession of or 
operation of any other r^cvice herein prohibited, shall 
be prima facie f vidence r.f the violation of this act. 

Section 147. Any aMerman, magistrate, or justice 
of the peace, upon information or complaint, made 
to hfm by aflidavit of one or more persons, charging 
any person with havmg violated any of the provisions 
of this act, or any of the rules and regulationts adopted 



I'ayment of 
costs. 



An'ests made 
on 'Sunday. 



Refusal or 
nofvlect to 
enforce. 



Penalty. 

Interference 

with 

officers. 



Penalty. 

Prima facie 
t^vidence. 



Affidavit. 



224 



FISH LAWS. 



Warrant 

Hearing. 
Sentence. 



Appeal. 



Disposition 
and use of 
fines, 
moneys. 



Separate 
fund. 



and promulgated by the Commissioner of Fisheries 
pursuant to this act, is hereby authorized and re- 
quired to issue his warrant, under his hand and seal, 
directed to any constable, peace officer, or warden, 
and shall cause such person to be arrested and brought 
before such aldennau, magistrate, or justice of the 
peace, who shall hear and determine the guilt or in- 
nocence of the person or persons so charged. 

Section 148. If convicted, such person shall be sen- 
tenced to pay the fine provided in this act for such 
violation, togetlier with the costs of suit. The person 
so con\-ictod shall, on failure to pay such fine, be 
sentenced by such alderman, magistrate, or justice of 
the peace, to undergo imprisonment in the county 
jail of the county in which such conviction takes place, 
for a period of one day for each dollar of fine so im- 
posed, unless the person so convicted shall give notice 
of an intention to procure a writ of certoirari, or 
appeal ; in which case such person shall be permitted 
to enter into good and sufficient recognizance to appear 
before such justice, alderman, or magistrate, on or 
before the expiration of five days, if such appeal or 
certiorari is not taken by them, or on the final deter- 
mination of the same if it be not sustained, for execu- 
tion of sentence. 

Section 140. As amended by the act of July 9th, 
191 n. P. L. 799. 

Section 149. All fines imposed for the violation of 
any provisions of this act shall be forthwith paid by 
such alderman, magstrate, or justice of the peace, to 
the Department of Fisheries, at Hnrrisburg. All 
moneys received or recovered by the Department of 
Fisheries under any provision of this act shall be 
immediately paid into the State Treasury, where it 
shall be kept as part of a fund, sepnrnte and apart, 
to be used solely, under the dirootion of the De- 
imrtment of Fisheries, for the purpose of the pay- 
ment of the salaries of the Commissioner of Fisheries, 
clerks, stenographers, fish-wardens, traveling expenses, 
counsel fees, court expenses, and contingent expenses, 
for the propagation, protection and distribution of 
fish, the stocking of the waters and the employment of 
necessary labor and the purchase of material and im- 
plements therefor, for necessary repairs and improve- 
ments to fish hatcheries, for field work, gathering 



FISH LAWS. 



225 



spawn, transffrring fish and the employment of necs- 
eary labor and the purchase of necessary implements 
therefor, for the purchase of necessary land and water 
supplies to. State fish hatcheries, for the purchase and 
erecti on of buildings, ponds, and other extensions in- 
cidental to State fish hatcheries, for the maintenance 
and operation of a boat on Lake Erie and the cruiser 
Anna at Torresdale on the Delaware river, and for 
the dredging of channels, ponds, and the making of 
improvements on Prosque Isle Peninsula and the ap- 
proach to the fish hatchery at Erie. 

All moneys in such separate fund from time to time 
are hereby specifically appropriated to the Department 
of Fisheries, and may be expended for the purposes 
herenbefore enumerated. The Auditor General shall, 
upon requisition from time to time of the Commis- 
sioner of Fisheries, draw his warrant on the State 
Treasurer for the amount specified in such requisition, 
not exceeding however the amount in such fund at the 
time of makmg such requt'sition. 

Secrion 150. As amended by act of July 9th, 1919, Actions 
P. L. 799. 

Sect on 150. All actions for violation of any pro- 
visions of this act shall be taken within one year from 
the tini'? thp offense is committed. 

Section 151. All boats and legal devices, used un- 
lawfnlh and forfeited to the Donnrtment of Fisheries 
under any of the provisions of this act, shall be sold 
by the Commissioner of Fisheries, or destroyed by 
his ordor. All unlawful nets or d^^nces, not presorved 
for exhibition purposes by the Department of Fish- 
eries, sh^ll be destroyed by the Commissioner of 
Fish Pit' es, or by his order. Records shall be made 
of all such sales or destruction, on the books of the 
Department. 

ARTICLE XIV. 

Construction and Repeal. 
Section 152. It is the intent of this act to prescribe 
a complete and exclusive system for the angling, catch- 
ing, and propagation of fish in waters wholly within 
the limits of the Commonwealth of Pennsylvania. 
Nothing in this act shall repeal or affect any of the 
following statutes ; to-wit, — * * * * 



Disposition 
of illegal 
devices. 



Record. 



ConstnictioUi 
and repeal. 



Exclusive 
system for 
inland 
waters. 



15 



226 



FISH LAWS. 



Does not 

•apply. 



•General 
Repeal. 

Effective 
Januaiy 1st, 
1918. 



Acts of May 22, 1S89 (P. L. ' 261) ; Act 
of May 8, 1876, (P. L. 146) ; Act of April 2, 1903, 
(P. L. 128) ; Act of May 1, 1909, (P. L. 309) ; Act 
of May 8, 1909, (P. L. 480) ; Act of April 18, 1913, 
(P. L. 100) ; Act of April 21, 1915, (P. L. 160).* * * * 

This act does not affect any other statute, now ex- 
isting or hereafter passed, v/hich relates to the angling 
or catching of fish in any boundary waters. 

Soction 153. The act approved * * * May 1st, 
1909. (P. L. 353) ; June 3, 1911 (P. L. 650 * * * 
are hereby repealed. All acts or part of acts ncon- 
sistent with this act are hereby repealed. The re- 
peal by this act of any prior act shall not operate to 
revive any act or part of acts heretofore repealed. 

This act shall become effective January first, one 
thousand nine hundred and eighteen. 

Approved— The 28th day of July, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



May 16th, 
1919, P. L. 
184. 



Boundary 
X.ake. 



Bay. 

Peninsular 
waters. 



BOUNDARY LAKES FISH CODE. 

An act to revise, amend, and consolidate the law re- 
lating to fish in certain boundary lakes, bays, and 
peninsular wat(!rs. 

Section 1 . Be it enacted, & c, That : — 

ARTICLE II. 

Definitions . 

Section 2. The following terms, when used in this 
act, are employed, except where the context otherwise 
indicates, W th the meaning herein respectively as- 
signed thereto : 

"Boundary lakes" means such part or parts of lakes 
of more than five thousand acres, lying between this 
and any other State or foreign country, as this Com- 
monwealth has jurisdiction over. 

"Bay" means a bay adjacent to, or connected with, a 
boundary lake as above defined. 

"Peninsular waters" means water on any peninsula, 
which water is adjacent to, or connected with, a 



FISH LAWS, 



227 



Game fish. 



Bait fish. 
Food fish. 



I'ei'missible 
methods of 
fishing. 



boundary lake as above defined . 

"Person" means an individual, copartnership, asso- Person. 
ciation, or corporation. 

"Game fish" means all species or varieties of black 
or yellow bass, rock bass, calico bass or strawberry 
bass, crappie bass, muscallonge, and grass pike. 

"Bait fish" means minnows and killifishes. 

"Food fish" means all fish other than game fish 
and bait fish as above defined. 

Singular number includes the plural. 

Masculine gender includes the feminine and neuter. 

AUTICLE II. 

Regulatory Provisions Applicable to Boundary Lakes, 
Bays, and Peninsular Waters. 

Section 5. Except as hereinafter otherwise specifi- 
cally provided, no person shall fish for or capture game 
fish or food fish in boundary lakes, bays, or peninsular 
waters, in any manner, with any device, means, or 
method, other than 

(a) Rod and line having not more than three hooks. 

(b) Hand line having not more than three hooks. 

(c) Trolling line with spoon hooks attached. 

(d) Spear, which may be used for catching carp 
and suckers only. 

Any person violating any provision of this section 
shall, on conviction, be subject to a penalty of twenty- 
five dollars or, in default of payment, undergo impris- 
onment in the county jail for a period of one day for 
each dollar of fine imposed. 

Section 6. No person shall^ in any one day, catch, 
kill or have in possession, the sr^me b^ing killed, more 
than the number of fish herein designated for the 
respective species ; that is to say, 

(a) Rock bass, twenty-five. 

(b) Crappie, twenty-five. 

(c) Strawberry or calico, twenty-five. 

(d) Any species of black bass, twelve. 

(e) Any species of grass pike, twelve. 

(f) Any species of muscallonge, twelve. 
Section 7. No person shall catch, take, or have in 

possession, the same being killed, any game fish, from 
the first day of November to the thirtieth day of May 
next ensuing, both dates inclusive. 



Number of 
fish which 
may be 
caught . 



Permissible 

time 

for fishing. 



228 



FISH LAWS. 



renalty. 



Pollution 
of water. 



Penalty. 



Tlnpermis- 
«ible methods 
•of fishing. 



Penalty. 



"Fse of fish 
for fertil- 
izers. 



Penalty. 



Sturgeon. 



Section 8. Any person violating the provisions of 
sections six or seven of this act shall, on conviction, 
be sul\ject to a penalty of five dollars for each and 
every fish caught, killed, or had in possession. In de- 
fault of payment, such person shall bo impr* soncd in 
the county jail for the period of one day for each dol- 
lar of fine imposed. 

Section 9. No person shall cause or allow any dead 
fish, fish offal, contents of tannery vats, planing mill 
sliavings, dyestuffs, coal — or gas tar, coal oil, sawdust, 
tan bark, cocculus indicus (otherwise known as fish 
berries). I me, vitriol, or any of the compounds thereof, 
refuse from gas houses, oil tanks, pipes, or vessels, or 
any drleterious, destructive, or poisonous substances 
of any kind or character, to be tui'nod into, or allowed 
to run. flow, wash, or be emptied into, any boundary 
lakes, bays, or peninsula waters. 

Any person violating the provisions of this section 
shall, on convection, be subioct to n ponnitv of one 
hundred dollars, or to undergo imprisonment in the 
county jail for s^'x months, or both . 

Section 10. No persons shall fish in any boundaVy 
Inke. b;iy, or p'Mv'nsulnr wat^^rs. wHh ol-^r^^r^'^i''^'. ouir>k- 
lime, or any kind of explosive, drug, or poisonous sub- 
stance. 

No persons shall place any such substance in such 
waters, except for engineer, ng purposes and after writ- 
ten permission has been obtained from the proper 
national. State, or local authorities. 

Any person violating anv provision of this section 
shall, on con^action, be subject to a penalty of one 
hundred dolhu's, or to undergo an imprisonment n the 
county jail for a period of six months, or both. 

Section 11. Except b.y and with the consent of the 
Commissioner of Fisheries, no person shall catch, sell, 
or mako use of any game fish or food fish or minor 
food fish for the purpose of making composts or other 
fertilizing mfxture. 

Any person violating the provisions of this section 
shall, on conviction, be subject to a penalty of one 
hundred dollars, or to undergo an imprisonment in the 
county jail for three months, or both. 

Section 12. No person shall capture and kill any 
sturgeon under four feet in length, nor have m pos- 



FISH LAWS, 



229 



session the carcass or flesh of any sturgeon under the 

''"C stu"g?cJn-of less than the said, length of four 
feet whfch may bo captured, must be immediately re- 
turn eTl to the waters from which taken and in such a 
manner as to cause to the fish so returned the least 

^' Any %1'r/ Violating any provision of this s^tion 
shairbe subject, for each sturgeon illegally captured 
ami killed or had in possession, to. a penalty of twenty- 
five dollars, or to undergo an imprisonment in the 
county jail for the period of one ^^J"^^: . Pules and 

Spotion 13 The Commissioner of Fisheries may regulations, 
make such rules and regulations applicable to any 
peninsula on which is located any peninsular waters. 
L hereinbefore defined, as he may cleem necessar for 
tho protoctiop of fish in ^noh p^^iinsnlnr xx ntois, or 
for the protection of any fish hatchery located on such 
Deninsula. Such rules and regulntions shall be posted 
in not less than five conspicuous places on such penin- 
sula Any person violating any such rules or rogula- 
tion shnll," on conviction, be subject to a penalty or 
fifty dollars. 

ARTICLE III. 

Regulatory Provisions Applicable Exclusively to Bays 
and Peninsular Waters. 

Section 20 The Commssioner of Fisheries is here- Minnow nets, 
by empowered to authorize the use of minnow nets for 
angling or scientific purposes in any bay or penin- 
sular water. . „. , . 

Section 21. The Commissioner of Fisheries or any Nets. 
representative of the Department of Fisheries may, 
for the purpose of stocking the wafers or for the pur- 
pose of taking spawn, catch fish w th nets m such 
waters at any time of the year. ^ ^. , . ^ ^ . 

Section 22. The Department of Fisheries may re- Injurious 
move by means of nets, by contract or otherwise, any flat- 
fish which it may deem injurious to other fish. 
ARTirTF TV 

Regulatory Provisions Applicable Exclusively to 
Boundary Lakes. 

Section 25. The Department of Fisheries is hereby Licenses for 
authorized to issue a fishing license upon written devices. 



230 



FISH LAWS. 



Boats. 



Traps and 
devices. 



ReTOcation 
of license. 



renally. 



Forfeitures. 



Ck»mity. 



Gill nets. 



application therefor signed by the applicant, upon 
payment of the Lcense fee herein prescribed for the 
respective fishing devices ; that is to say, for each . 

(a) Row or sail boat used vn fishing with gill nets, 
ten dollars. 

(b) Boat, other than a row or sail boat under ten 
tons gross burden, twenty dollars. 

(c) Boat of from ten to twenty tons gross burden, 
thirty dollars. 

(d) Boat over twenty tons gross burden, forty 
dollars. 

(e) Pound net, twenty dollars. 

(f) Trap net or device, other than a pound net, 
not less than one dollar nor more than ten dollars, to 
be determined and fixed by the Commissioner of Fish- 
eries. 

The Commissioner of Fisheries may revoke any 
lcense for violation of any provision of this act or for 
violation of any conditions in which the license was 
granted . 

Any person operating, or employing others to 
operate, any boat, net, or device, w^ithout being licensed 
as hereinbefore provided, shall, on conviction, be sub- 
ject to a penalty of fifty dollars, or, in default of pay- 
ment, be mprisoned in the county jail for a period of 
one day for each dollar of fine. All fish caught with 
such unlicensed devices shall be forfeited to the De- 
partment of Fisheries. All unlicensed devices used in 
violnti( ns of the provisions of tliis act shall be forfeited 
to the Department of Fisheries. 

Section 26. No license shall be issued except upon 
the condition that the operator of any boat so licensed 
shall pei-mit a person designated by the Commissioner 
of Fisheries to accompany such boat, at any time 
when it is engaged 'n fishing, for the purpose of secur- 
ing for the use of the Department of Fisheries, from 
the fish so caught, so much of their spawn as the dc- 
pari^mont may desire. 

, Section 27. No license shall be issued to a resident 
of any State or county whose laws prohibit the issuing 
of a license to a resident of the Commonwealth of 
Pennsylvania. 

Section 28. Except as in this section hereinafter 
provided, no gill nets shall be licensed other than gill 
nets having a mesh of not less than three inches, 
stretched mesh fishing measure. 



FISH LAWS. 231 

Gill nets used in fishing for trout may be licensed, 
which have meshes of at least five and one-half inches 
in size, stretched mesh fishing measure. 

No pound nets shall be licensed other than pound Pound nets, 
nets the cribs of which shall have a mesh of not less 
than two and one-half inches, stretched mesh fishing 
measure. 

No trap nets shall be licensed other than trap nets ^^^P ^^"• 
of which shall have a mesh of not less than two and 
one-half inches, stretched mesh fish.ng measure. 

Section 29. Licenses issued under the authority of ^^J^^ii^en^e 
this article shall be good for the calendar year in 
which issued. Such licenses shall be carried by the 
operator of any boat, net, or device, for which issued, 
and shall be shown on demand to any fish warden, 
constable, deputy sheriff, fish commissioner, or any 
authorized representative of the Department of Fish- 
eries . 

Any person refusing to exhibit his license on de- Fochibition 
mand as aforesaid, shall be subject to a penalty of five licenses. 
dollars, or, in default of payment, be imprisoned in 
the county jail for one day for each dollar of fine. 

Section 30. No net, except a sill or a net fastened Permissible 
to and supported by poles driven in the ground and for^n^ets^ 
known as a pound net, shall be set, fastened, drawn, 
or used, within sixteen miles from the entrance to 
any bay, nor within one-half mile from any stream, 
measured in a direct line. 

No gill net or pound net shall be set, fastened, 
drawn, or used, within two nt les of the entrance to 
any bay. 

No net of any character shall be set, fastened, 
drawn, or used, within three-fourths of a mile from 
shore measured in a direct line. 

A person violating any provision of this section Penalty, 
shall be subject to a penalty of one hundred dollars, 
or imprisonment 'n the county jail for a period of 
three months. „ 

Section 31. No nets, except gill nets and pound tach^ to" 
nets, shall be set, fixed, or fastened, without having nets, 
thereto attached a buoy, of at least eighteen inches in 
diameter, bearing a metallic tag on which shall be 
marked the owner's name and address, and which 
buoy must be plainly visible and above water at all 
times . 



232 



FISH LAWS. 



Penalty. 



f?,emoviiig 
fish from 
devices of 
others. 

Penalty. 



Fish which 
may be 
caught by 
use of 
devices. 



Penalty. 



Minnow nets. 



A person violating any p^o^dsion of this section 
shall on conviction, be subject to a penalty of twenty- 
five dollars and the confiscation of the net. Any net 
required to be buoyed which is found in the water 
w-tnout buoy as above provided, and the owner can- 
not be located shall be confiscated to the Department 
of Fisheries. » 

Section 32. No person, except the owners thereof 
or their representatives, shall remove or take fish from 
any device licensed under, and operated according to, 
the provisions of this act. 

A person violating any provision of this section 
shall, on conviction, be subject to a penalty of ten 
dollars for each fish so unlawfully taken, provided tlie 
total amount of fines shall not exceed one hundred dol- 
lars for fish taken at any one time. In default c,f pay- 
ment, such person shall be imprisoned in the county 
jail for the period of one day for each dollar of fine. 

Any fish recovered shall be returned to the owner 
or owners from the net or device from wh. ch they 
were taken, and all boats and appliances used in un- 
lawfully taking the fish shall be forfeited to the De- 
partment of Fisheries. 

Section 33. No person shall catch, by means of any 
device for which a license is issued under the pro- 
visions of this act, any 

(a) Blue pike and sauger pike less than eleven 
inches in length. 

(b) Yellow pike less than thirteen inches in length. 

(c) Yellow perch less than nine inches in length, 
'fd) Ciscos not less than six ounces in weight in the 

roTind . 

(e) White fish not less than one and three-fourths 
pounds in weight in the round. 

Any person violating the provisions of this section 
shnll bo subject to n pennltv of ten dollars for each 
fish so taken or had in possession. 

Tlie foregoing provisions of this section shall not 
apply to a person who, having caught any fish less 
than the size or weight permitted, returns such fish in 
the condition in which they were caught to the waters 
from which they were taken. 

Section 34. The Commissioner of Fisheries 's here- 
by empowered to authorize the use of minnow nets for 
angling or for scientific purposes. 



FISH LAWS. 



233 



Seizure of 
devices. 



Arrest of 
Offenders. 



Trial. 



Section 35. The Commissioner of Fisheries may ^f^f^^^^ 
make such dules and regulations applicable to any 
Smndary lake, as hereinbefore defined, as he may deem 
necessary for the protection of fish in such waters. 

ARTICLE V. 

Provisions Relating to the Enforcement of the Act and 
the Disposition of Fines. 

^PPtion 40 Any fish commissioner, fish warden, 
spfdS warden. L^ constable, or any sped^ officer 
or any peace officer in this Commonwealth, s hereby 
authorized and required to proceed, with such force 
of the county L may be necessary, to sei^ any device 
for catchiSg fish used contrary to, or prohibited by, 
this act Such ofP.cers are required to arrest, with or 
^thout warrant, any person owning, Placmg, or using 
such device, or violating any provisions of this act. 

Section 41. Such officers are authorized and re- 
quired to apprehend and arrest, and mmediately take 
Iny person guilty of any violation of this act before 
III alderman, magistrate, or justice ^^ the peace who 
shall forthwith hear and determine such charge in the 

" Secdon'l' Yn tase-of any fish commissioner, fish 
warden? or any other officer hereinafter named, fails 
t^ prov^ his case and the defendant is discharged or 
in case the defendant is convicted and sent to jail in 
ifeu of the payment of fine, the county in which the 
case is heard shall pay the costs. o„„^o^ 

Section 43. Such arrests may be made on bunclay 
or any legal holiday; in wbch case the person so 
arrested shall be taken before the proper of^cer and 
proceeded against on the first lawful day following 

^^Se^cdon"44. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Cornmon- 
wealth, refusing or neglecting to proceed, with such 
fTrce of the county, forthwith to romcve and dostroy 
any existing device' illegally used for the catclimg of 
fish within its jurisdiction, after being notified m 
writing of the existence of such illegally used device; 
or any such officer neglecting or refusing to remove or 
destroy any such illegal device for catching fish withm 
the Commonwealth of which he shall be cognizant. 



Costs. 



arrest 
may be 
made. 



Officers' 
failure to 
I'erform 
duty. 



234 



FISH LAWS. 



Penalty. 

Threat or 
Menaces 
to officers. 



Bridence. 



Warrants. 



Summary 
conviction . 



Disposition 
and use of 
license 
fees. 



shall, on conviction as provided herein, be sentenced 
to pay a fine of fifty dollars. 

Section 45. Any person who shall by threat 
menace, or force, or in any manner, attempt to deter 
or prevent any fish warden, or other person authorized 
to make arrests for violation of the fish laws, from 
enforcing or carrying into effect any provisions of this 
act, or who shall resist the seizure of boats, devices 
or nets, illegally used, shall, on conviction thereof as 
provided herein, be sentenced to pay a fine of one 
hundred dollars. 

Section 46. That in all cases of arrest for violation 
of any provision of this act, the possession of fish pro- 
hibited by such provision, or the possession of a de- 
vice at or near a place where such device is prohibited 
by such provision, shall be prima facie evidence of the 
violation of such provision. 

In case of the pollution of waters by any substances 
known to be injurious to fish, it shall not be necessary 
to prove that such substances actually caused the 
death of any particular fish. 

Section 47. Any alderman, magistrate, or justice of 
the peace, upon information or complaint, made tp 
him by affidavit of one or more persons, charging any 
person with having violated any of the provisions of 
this act, or any of the rules and regulatins adopted 
and promulgated by the Commissioner of Fisheries 
pursuant to this act, is hereby authorized and re- 
quired to issue his warrant, under his hand and seal, 
directed to any constable, peace officer,or warden, and 
shall cause such person to be arrested and brought 
before such alderman, magistrate, or justice of the 
peace, who shall hear and determine the guilt or in- 
nocence of the person or persons so charged. 

Section 48. All license fees collected under this 
act, and all fines imposed and collected for the viola- 
tion of any provision of this act, shall be forthwith 
paid by such alderman, magistrate, or justice of the 
peace, to the Department of Fisheries at Harrisburg. 
All moneys received or recovered by the Department 
of Fisheries under any provision of this act shall be 
immediately paid into the State Treasury, where it 
shall be kept as part of a fund separate aiid apart, to 
be used solely under the direction of the Department 
of Fisheries for the purpose of the payment of the 



FISH LAWS. 235 

«nlaries of the CommisMoner of Fisheries, clerks, 
^fpno'raXrs fish wardens; traveling expenses; 
f^ns^'el feercourtexpenses; and contingent expenses ; 

4-^ f^ fioh hnfpheries: for tiela woik, gdineniit. 
snawn transferring Ash! and the employment of nec- 
essary labor and \he purchase of necessary imple. 
ments therefor; for the purchase of necessary land 
oTd water supplies to the State fish hatcheries ; for the 
nurchase and erection of buildings, ponds, and other 
e^tenSons? incidental to State fish hatcheries ; for he 
maintenance and operation of a boat on Lake Eiie, 
Td the cruiser Anna at Torresdale on the Delaware 
Ri?er and for the dredging of channels, ponds^ and 
the making of improvements on Presque Isle Penin- 
sula and the approach to the fish hatchery at Erie 
■ All moneys in such separate fund from time to time 
arfheSby specifically appropriated to the Departn^^^^^^ 
of Fisheries, and may be expended for the Purpo..es 
hereinbefore' enumerated. The Auditor Gonera^^haU 
upon requisition from time to time of the Commis 
sioner of Fisheries, draw his warrant on the State 
T°-Sasu?er for the amount specified in such reqms.tion 
norexce/ding, however, the amount m such fund at 
flip time of making such requisition. 

Seidon 4^ All actions for violation of any pro- i^m^tation 
visions of this act shall be taken within one year from of actions, 
thp time the offense is committed. 

Section 50. All boats and legal devices used un- Dis^sitioL. 
lawfully and forfeited to the Department of Fisheries .^JJ.-^*^^ 
under any of the provisions of this act. shall be sold ^le^jees. 
bv the Commissioner of Fisheries or destroyed by his 
order All unlawful nets or devices, not preserved for 
exhibition purposes by the Department of Fisheries, 
shall be destroyed by the Commissioner of Fisheries 
or by hi^ order. Pvecords shall be made of all such 
sales or destruction on the books of the department. 
ARTICLE VI. 
Construction and Repeal. 
Section 60. The provisions of this act are sever- construction, 
able, and if any of the provisions shall be held to be 



236 



FISH LAWS. 



Act of April 
6, 1917 (P. 
L. 50), not 
affected. 



unconstitutional, such decisions shall not affect the 
validity of any of the remaining provisions of this act. 
This act is intended as a complete and exclusive sys- 
t(nn for the protection and propagation of fish in 
boundary lakes, bays, and peninsular waters, as here- 
inbefore defined. 

Nothing in this act shall be construed to affect in 
any way the provisions of this act, approved April 
fifth, one thousand nine hundred and seventeen, en- 
titled "An act prescribing a closed season for sturgeon 
in tlie waters of Lake Erie, under the jurisdiction of 
this Commonwealth, on the condition that certain 
losislation shall be adopted by certain States of the 
United States and by the Province of Ontario of the 
Dominion of Canada." 

Section 61. * * * Act of May 5th, 1911, (P. 
L. 164), and act of April 18th, 1913, (P. L. 100) * 

* * are hereby repealed. 

All other acts or parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

The repeal by this act of any act or parts of acts 
shall not operate to revive any act or parts of acta 
heretofore repealed. 

Approved — The 16th day of May, A. D. 1919. 

WM. C. SPROUL. 



Jtme 7th, 
1919, P. L. 
436. 



Sturgeon 
or mamose. 

Delaware 
Bay and 
River. 

Closed 
season. 

Misdemeanor. 



STURGEON CLOSED SEASON. 

An act providing a closed season on sturgeon or mam- 
ose in the Delaware River and Bay and tributaries 
thereof upon the passage of similar legislation by 
certain States. 

Section 1. Be it enacted, &c., That hereafter it shall 
not be lawful for any person or persons to take, catch, 
kill, or have in possession any sturgeon or mamose, 
taken, caught, or killed in the Deleware Bay and River 
or their tributaries, at any time of the year until the 
first day of March, Anno Domini one thousand nine 
hundred and twenty-four. Any person or persons vio- 
lating any of the provisions of this act shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, 



FISH LAWS. 237 

shall be punished by a fine of five hundred dollars, or 

be imprisoned not over thirty days, or both, at the dis- Penalty. 

cretion of the court. 

Section 2. Tliis act shall take effect and be in force when 
only when similar acts have been passed by the Legis- effective, 
laturcs of the States of New Jersey and Delaware- 

Approved— The 7th day of June, A. D. 1919. 

WM. C. SPROUL. 

NOTE : — New Jersey has a similar law but Delaware has not. 



NON-RESIDENT FISH LICENSE LAW. 

An act for the better protection of fish ; requiring juiy sth, 
citizens of the United States residing without this 1919, P.' L. 
Commonwealth to procure a license to fish or angle '^^^• 
in the waters of this Commonwealth or in the waters 
bounding or adjacent thereto ; and regulating the 
issuance of such license ; providing penalties for 
the violation of this act. 

Section 1. Be it enacted, &c., That the word "per- Non-resirient 
sons," as used in this act, except where the context fisherman's 
otherwise indicates, means citizens of the United license act. 
States, not citizens of Pennsylvania, without regard 
to age. The masculine gender includes the feminine, Definitions, 
and the single number Includes the plural. 

Section 2. The provisions of this act are severable, constructions 
and in the event of any section hereof being declared 
unconstitutional, it is hereby declared as the intention 
of the Legislature that such section may be elimin- 
ated therefrom without affecting any other provisions 
of this act. 

Section 3. No person, except as hereinafter pro- Non-resident 
vided, shall angle or fish at any time in any of the fishermen 
waters of this Commonwealth or in the water bound- ^cense^^^ 
ing or adjacent thereto witliout having first secured 
a license as hereinafter provided. 

Section 4. Citizens of the United States who are issuance of 
not citizens of the State of Pennsylvania shall be en- license, 
titled upon written or oral application, to receive 
from any county treasurer or justice of the peace 
qualified as hereinafter provided, or from the Commis- 
sioner of E^sheries, hlg oflScers, or agents, a "non- 



238 



FISH LAWS. 



Fees. 

Form of 

license. 

Contents. 



Duration 
of license. 



Record of 
licenses 
issued by 
county 
treasurer. 



Issuance of 
licenses by 
justice. 



Fee of 
justice. 



Report of 
justice to 
cfunty treas- 
urer. 



resident's fishing license," upon the payment of a 
license fee of five dollars, together with the cost of 
such treasurer's or justice's fee. 

Section 5. All licenses shall be issued on forms 
prepared and supplied by the Commissioner of Fish- 
eries at the expense of the Commonwealth. The li- 
cense shall show the name, age, occupation, and resi- 
dence of the licensee, and tlie date of its issue. It 
shall also contain the signature of the license written 
in ink, and shall authorize the person named therein 
to fish or angle in the waters of this Commonwealth 
or in the waters bounding or adjacent thereto, under 
the restrictions and requirements of existing laws, 
during that year the date of which is inscribed there- 
on. The license shall become viod upon the thirty- 
first day of December next following tlie date of issue. 
The license may contain such other information as the 
Commissioner of Fisheries may require. 

Section 6. Every county treasurer of this Com- 
monwealth sliall keep, in a book to be supplied by 
the Commissioner of Fisheries at the cost of the Com- 
monwealth, a correct and complete record of all fish- 
ing licenses issued by him. Every county treasurer 
shall cause to be entered in such book at the close of 
each week the name and place of residence of each 
individual to whom a license shall have been issued 
that week. Such book shall be open, at reasonable 
hours, to the inspection of any officer of the Com- 
monwenlth whose duty it is by law to protect the fish 
in the waters of this Commonwealth or in the waters 
bounding or adjacent thereto. 

Section 7. Any justice of the peace who has quali- 
fied therefor by having applied to the county treasurer 
of tlio county in which he is located, and having re- 
ceived and receipted therefor the necessary blanks, 
may issue any fishing license provided by this act, on 
like conditions and in like manner as prescribed for 
the issuance of such licenses by any county treasurer, 
upon pnymejit of fifteen cents to said justice by said 
license in addition to the license fee hereinbefore pro- 
vided ; said sum of fifteen cents to be retained by said 
justice of the peace as his fee for the issuance of the 
license and for reporting the same and remitting pay- 
ment therefor to the county treasurer of the county in 
wliich said justice of the peace is located. Such re- 



FISH LAWS. 23» 



port and renuttanee shall be made by -eh justo of 

S^Iffucrnsfb/ Mm 'upon 'such report and remitt- 
of saicl license oy It- ^^ ^ ^^^^^^ of and 

sued from his office e^^^/^ /I f he^^all ^^^.^^ 

upon his record thejiame or tue j ^^^^ ^^^ ^^^.^^^ ^^ 

license. Every, justice of the P^^^^ ;"^, i^^p^ops to- license books 
hook or books from which he has issued licenses to _^^^^ ^^^^^^ ^ 
booli or poo^?^ ^''i y^ thereon properly filled out ana ^^ ^^ ^reas- 

■ in°- the month of January of each year. ^^ 

qprition 8 Every county treasurer of th^ (-om j ^^^^^_ 

Section »• f^]^e;y ^^ 1, foi-ward to the Coramis- ^,^1- to Conx- 

monwealth shall eacn wet^. licenses missioner of 

sioner of Fisheries a complete list or uie Fisheries. 

irK^s svzs^ hf r^^f i— of 

'^'i;S''V'irun1;''uSrr"Zr collect for Co,™..^t.e.. 

services" rendeitd under\his act the sum of t™ c«nte. 

The paid by the applicant for a l^»Be /U been e ^_ ^ 

fees, except said treasurer s fees Paia to a i- -^ „„ense tecs 

treasurer under this act, shall be by such treasurer ^^ ^^^^ 

treasmer uuu T.„j,sury at least once a month, Treasury ty 

?: be app ed to the pm-poLs hereinafter provided^ county .re.s- 

Such county treasurer shall make a return to the ^r- 
%mI Treasurer upon a form to be supplied by the 

l^miS Of F?sher^ ^^^^^ ,^ 

Ttfof ;^ul?e^porrt;V;^ComTs^s^^^^^ Fisheries ^^ 

""S^cYion^lO^' No person shall angle or fish unless Ind'i^o'xSLjs- 
the'ncensehereinbef'ore provided be at - , ti^e con^ s^one^r^^of 

tinuously kept about the person ^^^.^^^^^^^^^fg^g^ioner Lic«^«« ^^ 

exhibited upon the request of any fish commissioner, ^^^ 

fish warden! sheriff, constable, or other officer of the about^person 

"^TeTio^Tr'No person shall alter, loan, or trans- Alterf tan <.r 
fe?\ny license authorized by this act no- g^- a^J. Sc" '* 
false or misleading information to the ^o^^t^ tf eas 
urer or justice of the peace or to the Commissioner 
of Fisheries, his officers or agents in the application 



therefor. 



240 



FISH LAWS, 



Violations. 
Penalty. 

Forfeiture ol 
■"license. 



Failure to 
pay fine and 
•costs. 



Penally. 

•Jarisdlctlon. 

Procedxire. 

Oomplaint. 
Warrant. 

Hearing. 
Sentence. 



Forwarding 
fines to com* 
snissioner of 
Fisheries. 



Section 12. Any person violating any provision of 
this act, shall, on conviction, be sentenced for each 
offense to pay a fine of twenty-five dollars, together 
wtth the costs of prosecution. In addition to such 
penalty, the license of any person convicted or sign- 
ing an acknowledgement as hereinafter provided shall 
be void, and shall be surrendered by such person, and 
immediately sent by the court making the conviction 
or the officer taking the acknowledgement to the Com- 
missioner of Fisheries at Harrisburg. 

Section 13. Whenever any person shall be con- 
victed of violating any provisions of this act, and 
shall refuse or neglect to at once pay the fine im- 
posed, together with the costs of prosecution, such 
person shall be at once committed to the county jail 
in which the conviction occurs for a period of onp day 
for each dollar of penalty imposed, unless such person 
enter into good and sufficient recognizance to pay the 
fine and costs within five days after the date of the 
conviction or to prosecute an appeal according to law. 
Section 14. Every alderman, magisti'nfe. or justice 
of the peace shall have the power of summary coa- 
viction in matters pertaining to the violation of any 
provisions of this act. 

Section 15. All actions for violations of any pro- 
vision of this act, excepting where the defendant is 
taken in- the act of violating the law or n a pursuit 
immediately following such violation, shall be com- 
menced by a complaint of any person before an alder- 
man, magistrate, or justice of the peace, made under 
oath within one year after the date of such violation. 
Section 16. Upon such com]ilaint any alderman, 
magistrate, or justice of the peace shall issue a war^ 
rant directed to any constable, peace officer, fish com- 
missioner, or fish warden, and cause such person to be 
brought before him. Such alderman, magistrate, or 
justice of the peace shall hear the evidence, and de- 
termine the innocence or guilt of the person accused, 
and if such person be convicted shall be sontf^nced to 
pay the fine and costs as hereinbefore provided. 

Section 17. All fines recovered undor this act in 
cases where the prosecutor is a salaried officer of the 
Commonwealth shall be immediately surrendered by 
the Court receiving the same to the prosecutor. Such 
prosecutor shall, as soon as possible, forward or de- 



FISH LAWS. 241 

liver such amount to the. Commissioner of Fisheries 
at Harrisburg. Where any officer of the Common- 
wealth other than a salaried officer is a prosecutor, 
the fine shall be as soon as the case is fully deter- 
mined before him, forwarded by such alderman, mag- 
istrate, or justice of the peace to the Commissioner 
of Fisheries at Harrfsburg, together with a statement 
of the caus*^ for wln^-b cnHi monov shall have been 
collected. The cost of such statement is hereby fixr< 
at fifty cents and made a part of the costs of prose- 
Section 18. All fines imposed for violation of this Payment o« 
act and all license fees collected under this act re- ''^^J'i^^ 
ceived by the Commissioner of Fvshenes shall be by state Treas- 
the Commissioner paid into the State Treasury, to be ury by Corn- 
applied for the purposes hereinafter provided. SSerie? 
Section 19. All license fees collected under this '"»*« ^ «• 
act and all fines imposed and collected for the viola- use of 
t'on of anv provision of this act shall be forthwith money recor- 
paid by such alderman, magistrate, or justice of the J^^t^ig' ^^ 
peace to the Department of Fisheries at Harrisburg. 
All moneys received or recovered by the Department 
of Fisheries under any provision of this act shall be 
immediatelv paid =nto the State Treasury, where it 
shall be kept as a part of a fu«id separate and apart 
to be used sol elf under the directions of the Depart- 
ment of Fisheries for the purpose of the payment of 
the salaries of the Commissioner of Fisheries, clerk, 
stenographers, fish wardens, traveling expenses, coun- 
sel fees, court expenses, and contingent expenses, for 
the propagation, protection, and distribution of fish, 
the stocking of the writers, and the employment of the 
necessary labor and the purchase of material and im- 
plements therefor, for necessary repairs and improve- 
ments to fish hatcheries, for field work, gathering 
spawn, transferring fish, and the employment of nec- 
essary labor and the purchase of necessary imple- 
ments therefor, for the purchase of necessary land 
and water supplied to State fish hatcheries, for the 
purchase and erection of buildings, ponds, and other 
extensions incidental to State fish hatchorios. for the 
maintenance and operation of a boat on Lake Erie, 
and the cruiser Anna at Torresdale on the Delaware 
river, and for the dredging of channels, ponds, and 

16 



242 



FISH LAWS, 



Appropria- 
tion of such 
muiicys to 
Department 
of Fislieries. 



Arn'sts with- 
out warrant. 



Aclcnowledg- 
nicnt of 
guilt. 



Repeal. 



the making of improvements on Presque Isle Penin- 
sula and the approach to the fish hatchery at Erie. 

All moneys in sucli separate fund from time to time 
are hereby specifically appropriated to the Depart- 
jmont of Fisheries, and may be expended for the pur- 
poses hereinbefore enumerated. The Auditor General 
sliall, upon requisition from time to time of the Com- 
missioner of Fisheries, draw his warrant on the State 
Treasurer for the amount specified in such requis'- 
tion, not exceeding however the amount in such fund 
at the time of making such requisition. 

Section 20. Any officer of this Commonwealth 
whose duty it is to protect fish in the waters of this 
Commonwealth or in the waters bounding or adjacent 
thereto is authorized to arrest, without warrant, any 
p(>rson in the act of violating any i)rovision of this 
not or in a pursuit immediate] v followinsr such viola- 
tion. Tlie officer making such arrest shall immed'- 
ately take the person so arrested to the nearest alder- 
man, magistrate, or justice of the peace for a hearing 
u]>'>n tlie cliarge upon which the person wns Mvr<>st"d. 

Section 21. A' person charged with violating any 
I)rovisifns of this act may sisni 'in aok!i()w1(-flri'>mont 
of the offense committed, either before or after the be- 
ginning of prosecution, and pay to anf salaried officer 
of the Department of Fisheries the penalty in full as 
fixed by this act, together with costs accrued to that 
dnt^. The printed receipt tl"M'pf(>r. wlnVh sI'mH in 
every instance bear the signature of the Commissioner 
of Fisheries, shall be full evidence of full satisfaction 
of the offense committed. 

Section 22. All acts or parts of acts inconsistent 
with this act are repealed. 

Approved— The 8th day of July, A. D. 1919. 

WM. C SPROUL. 



Act May 
16tli,1921, 
P. L.— 



RESIDENT FISH LICENSE LAW. 
An act for the better protection of fish; requiring cit- 
izens of the United States residing within this Com- 
monwealth to procure a license from the county 
treasurer to fish or angle n the waters of this Com- 
monwealth, or in the waters bounding or adjacent 



FISH LAWS. 



243 



thereto, and regulating the issuance of such license ; 

providing penalties for the violation of this act, and 

the manner of proceeding to enforce compliance 

therewith ; and provid ng for the disposition of the 

penalties recovered and license fees received. 

Section 1, Be it enacted, &c.. That the word "per- 
sons," as used in this act, except where the context 
otherwise indicates, means citizens of the State of 
Pennsylvania over twenty-one years of age. 

Section 2. The provisions of this act shall be sever- 
able, and, if any of its provisions shall be held to be 
unconstitution.il, the <lecision oF the court shall not 
aflEect the validity of the remaining provisions of this 
act. It is hereby declared as a losislative intent that 
this act would have been adopted by the General As- 
sembly had such unconstitutional provisions not been 
included therein. 

Section 3. No person, except as hereinafter provid- 
ed, shall angle or fish, at any time, in any of the waters 
of this Comnionwenlth. or in tho waters bounding or 
adjacent thereto, w* thout having first secured a license 
as hereinafter provided. 

Section 4. Citizens of this State who are citizens 
of the United States are entitled, upon written or oral 
application, to receive from any county treasurer or 
the Commissioner of Fisheries, his officers, or ngents, 
a "resident's fishing license," upon payment of a license 
fee of one dollar nnd tho co^t of snob tronsuror's fr'o 

Section 5. All licenses shall be issued on forms 
nreparod and supplied by the Commissioner of TT'i'^rhor- 
ies at the expense of the Commonwealth. The license 
shall show the name, age, oocupntion, and residence 
of the licensee, and the date of its issuance It sholl 
also contain the signa^^ire of the licensee, written in 
ink, and shall authorize the person named therein to 
fish or angle in the waters of this Commonwealth, or 
in the watrrs bounding or adjacent thereto, under 
the restrictions and requirements of existing laws, 
during that year the date of which is inscribed there- 
on. The license shall become void upon the thirty 
first day of December next following the date of s- 
sue. The license may contain such other information 
as the Commissioner of Fisheries may require. The 
Commissioner of Fisheries is authorized to employ 
such stenographers, clerks, and assistants as may be 



Resident 
fi"' rniian's 
license act. 

"L ci-sons" 
(leftnod. 

('(Mwtructlon 
•f act. 



Fishermen 
must have 
license. 



PpTsons 
entitled to 

license. 
Application 
to county 
treasurers. 

Fee." 

F'ovm and 
contents 
of license. 



Simature, 



Duration of 
license. 



Employes. 



244 



FISH LAWS. 



Record of 

licenses 

issued. 



Rptums by 
county 
treii aurers 
to Ck)m- 
missioner of 
Fistieries. 



County treas- 
urer's fee. 



Payments by 
county 
treasurer to 
State 
Treasurer. 



Exhibition 
of license. 



Alteration 
or transfer 
«4! license. 



necessary to carry into effect the provisions of this act, 
and to fix their sahiries. 

Section 6, Every county treasurer of this Common- 
wealth shall keep, in a book to be supplied by the Com- 
missioner of Fisheries at the cost of the Common- 
wealth, a correct and complete record of all fishing 
licenses issued by him. Every county treasurer shall 
cause to be entered in such book, at the close of each 
week, the name and place of residence of each individ- 
ual to whom a license shall have been issued that week. 
Such book shall be open, at reasonable hours, to 
the inspection of any officer of the Commonwealth 
whose duty it is by law to protect the fish in the 
waters of this Commonwealth or in the waters bound- 
ing or adjacent thereto. 

Section 7. Every county treasurer of this Common- 
wealth shall each week forward to the Commissioner 
of Fisheries a complete list of the licenses granted, 
with the names and addresses of the licensees and 
the number and character of their respective licenses, 
on blanks to be furnished by the Commissioner of 
Fisheries at the cost of the Commonwealth. 

Section 8. A county treasurer may collect for his 
own use for services rendered under this act the sum of 
ten cents, to be paid by the applicant for a license. 
All license fees, except said treasurer's fees, paid to 
a county treasurer under this act, shall be, by such 
county treasurer, paid into the State Treasury at least 
once a month, to be applied to the purposes herein- 
after provided. Such county treasurer shall make a 
return to the State Treasurer upon a form to be sup- 
plied by the Commissioner of Fisheries at the cost 
of the Commonwealth, and shall, in all cases, for- 
ward a duplicate of such report to the Commissioner 
of Fisheries at Harrisburg. 

Section 9. No person shall angle or fish unless the 
license hereinbefore provided be at such times con- 
tinuously kept about the person of the licensee, and ex- 
hibited upon request of any fish commissioner, fish 
warden, sheriff, constable, or other officer of the Com- 
monwealth. 

Section 10. No person shall alter, loan, or transfer 
any license authorized by this act, nor give any false 
or misleading information to the county treasurer or 
to the Commissioner of Fisheries, his officers, or 
agents, in the application therefor. 



FISH LAWS, 



245 



Section 11. Any person violating any provision 
of this act shall, on conviction, be sentenced for each 
offense to pay a fine of twenty-five dollars, together 
with the costs of prosecution. In addition to such 
penalty, the license of any person convicted or sign- 
ing an acknowledgement as hereinafter provided shall 
be void, and shall be surrendered by such person, and 
immediately sent, by the court making the conviction 
or the officer taking the acknowledgement, to the Com- 
missioner of Fisheries, at llarrisburg. 

Section 12. Whenever any person shall be convict- 
ed of violating any provision of this act, shaU refuse 
or neglect to at once pay a fine imposed, with the cost 
of prosecution, such person shall be at once committed 
to the county jail of the county in which the conviction 
occurs for a period of one day for each dollar of penal- 
ty imposed, unless such person enters into good and 
sufiicient recognizance to pay the fine and costs within 
five days after the date of conviction or to prosecute 
an appeal according to law. 

Section 13. Every alderman, magistrate, or justice 
of the peace shall have the power of summary convic- 
tion in matters pertaining to the violation of any pro- 
vision of this act. 

Section 14. All actions for violation of any provi- 
sion of this act, excepting where the defendant is taken 
in the act of violating the law or in pursuit immedi- 
ately following such \dolation, shall be commenced by 
a complaint of any person before an alderman, magis- 
trate, or justice of the peace, made, under oath, within 
one year after the date of such violation. 

Section 15. Upon such complaint any alderman, 
magistrate, or justice of the peace shall issue a war- 
rant, directed to any constable, peace officer, fish com- 
missioner, or fish warden, and cause such person to 
be brought before him. Such alderman, magistrate, 
or justice of the peace shall hear the evidence, and 
determine the innocence or guilt of the person accused, 
and, if such person be convicted, shall be sentenced to 
pay the fine and costs as hereinbefore provided. 

Section 16. All fines recovered under this act shall 
be, as soon as the case is fully determined before him. 
forwarded by such alderman, magistrate, or justice of 
the peace to the Commissioner of Fisheries, together 
■with a statement of the cause for which such money 



Violations. 



Penalty, 

Forfeiture off 
license . 



Refusal to 
pay fine. 



JtiTisdictlon . 



Procedure. 



Warrant*. 



Hearing. 



Payment of 
fines to 
Conimiflioner 
•< SIUb«rieB. 



246 



FISH LAWS, 



Payment of 
flues to 
Stnte 
Treasurer. 



License 
Fund. 



shall have been collected. The cost of such statement 
is hereby fixed at fifty cents, and made a part of the 
costs of prosecution. 

Section 17. All fines imposed for violation of this 
act received by the Commissioner of Fisheries shall be 
by the commissioner paid into the State Treasury, to 
be applied for the purposes hereinafter provided. 

Section 18. All license fees, fines, and penalties col- 
?r^^iS lected under the provisions of this act, and paid into 

the State Treasury, not in excess of four hundred 
thousand dollars ($400,000) in any one year, shall be 
kept separate and apart in a fund known as the "Resi- 
dent Fish License Fund," and shall be used solely un- 
der the direction of the Department of Fisheries for 
the purpose of the payment of salaries of the Com- 
missioner of Fisheries, clerks, stenographers, fish war- 
dens ; traveling expenses ; counsel fees ; court expen- 
ses ; and contingent expenses ; for the propagation, 
protection, and distribution of fish, the stocking of the 
waters, and the employment of necessary labor, and 
the purchase of material, motor vehicles, machinery, 
and impUments therefor ; for necessary repairs and 
improvements to fish hatcheries; for field work stream 
investigations, gathering spawn, transfering fish, and 
the employment of necessary labor, and the purchase 
of necessary motor vehicles, machinery, and imple- 
ments therefor ; for the purchase of necessary land 
and water supplies for State fish hatcheries; for the 
purchase and erection of buildings, ponds and other 
extensions, incidental to State fish hatcheries; for 
the maintenance and operation of a boat on Lake 
Erie and the cruiser Anna at Torresdale on the Dela- 
ware River ; and for dredging the approach to the fish 
hatchery at Erie. 

All moneys in such separate fund from time to time, 
not in excess of four hundred thousand dollars ($400, 
000) in any one year, are hereby specifically appropri- 
ated to the Department of Fisheries, and may be 
expended for the purposes hereinbefore enumerated. 
The Auditor General shall, upon requisition from 
time to time of the Commissioner of Fisheries, draw 
his warrant on the State Treasurer for the amount 
specified in such requisition, not exceeding, however, 
the amount in such fund at the time of making such 
requisition. All moneys collected under the provisions 



FISH LAWS. 



247 



of this act and not payable iuto the resident fish li- 
cense fund, shall be paid into the general fund of the 
State Treasury. 

Section 19. Any officer of this Commonwealth whose 
duty it is to protect fish in the waters of this Com- 
monwealth, or in the waters bounding or adjacent 
thereto, is authorized to arrest without warrant any 
person in the act of violating any provision of this act 
or in a pursuit immediately following such violation. 
The officer making such arrest shall immediately take 
the person so arrested to the nearest alderman, mag- 
istrate, or justice of the peace for a hearing upon the 
chargQ upon which the person was arrested. 

Section 20. A person charged with violating any 
provision of this act may sign an acknowledgement 
of the offense committed, either before or after the be- 
ginning of prosecution, and pay to any salaried officer 
of the Department of Fisheries the penalty in full, as 
fixed by this act, together with costs accrued to that 
date. The printed receipt therefor, which shall, in 
every instance, bear the signature of the Commissioner 
of Fisheries, shall be full evidence of full satisfaction 
of the offense committed. 

Section 21. No person now required by law to 
procure a license to fish or to propagate fish for sale 
shall be required, in addition, to secure a license pro- 
vided by this act in order to enable such person to ex- 
ercise those rights conforred by tlip liconse or 1 "censes 
so procured under the laws existing prior to the pas- 
sage of this act. 

Section 22. The provisions of this act shall not 
apply to nor prevent the owner of any farm or other 
land situated in this Commonwealth, who actually re- 
sides thereon throughout the year, or the members 
of his fo(rnily so residing upon said farm or land, from 
angling or fishing, in waters wholly within the limits 
of said farm or land or within the limits of land abut- 
ing thereon, without such license. The exemption 
provided by the foregoing provisions of this secrion 
shall not apply to any person temporarily residing 
upon said farm or land, or any tenant thereon who is 
not a member of the family of said owner, nor shall 
said exemption apply to any servant or employee ».f 
said owner. 

Section 23. This act shall not affect the provisions 
of an act, approved April twenty-first, one thousand 



Arresta 
without 
warrant. 



Hearing . 

Acknowledg- 
ment of 
guilt. 



Persons now 
licensed. 



Land owners. 



Acta not 
affected. 



248 



FISH LAWS 



Repeal. 



When 
«ffectiTe. 



nine hundred and fifteen, entitled "An act to give 
additional protection to the fish in the waters wlQiin 
tlie Commonwealth of Pennsylvania : prohibiting the 
fishing for, or capture or killing of, such fish by un- 
naturalized foreign-bom residents ; and prescribing 
penalties for violation of its provisions," nor the pro- 
visions of any act for the propagation or protection 
of fish. 

Section 24. All acts or parts of acts inconsistent 
with this act are repealed. 

Section 25. This act shall go into effect on the first 
day of January, one thousand nine hundred and 
twenty-two. 

Approved— The 16th day of May, A. D. 1921. 

WM. C. SPROUL. 



RULING OF COMMISSIONER OF FISHERIES 
RELATIVE TO USE OF BURR HOOKS. 
After the passage of the Act of July 28, 1917, which 
became effective January 1st, 1918, the Department rul- 
ed that a burr of three points was considered as three 
hooks. The above ruling, therefore, prohibited the use 
of plug bait in inland waters with more than one 
burr hook attached. During the past year the De- 
partment has received a great many complaints from 
fishermen, advising that it was impossible for^ them 
to use plug bait owing to the above ruling. In view of 
the above, and in justice to the number of fishermen 
who use plug bait, the Department bogs to advise that 
from this date on we will consider a burr of three 
points as one hook, thereby permitting the use of the 
plug bait of three burrs of three points each. 

N\THAN R. P,TTT,LER, 
Commissioner of Fisheries. 

Harrisburg, Pa., March 26, 1919. 



FISH LAWS. 



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250 FISH LAWS, 






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INDEX TO FISH LAWS. 251 



INDEX TO FISH LAWS. 



A. 

Page 

Acknowledgment of offense 242-247 

Actions, time limits, 190-197-200-204-225-235-240 245 

Alderman 189-197-202-224-240-242-247 

Alien, prohibited from fishing, 199 

Anchored, nets not to be, at both ends 185-193 

Apparatus, forfeiture of fishing, 179-187-193-194-202-222-230-233 

Apparatus, fishing, destruction of, 179-203-225-235 

Appeal, right of 180-190-197-200-204-224-240-245 

Application of fines and penalties, 180-189-197-199-204-224-234-241-245 

Application to maintain a propagating" plant, 211 

Application for a seine license, 209 

Appointment of Fish Wanrlens , 220 

Appointment of Chief Fish Warden, 220 

Appointment of Special Fish Wardens 221 

Artificial propagating of fish by individuals 211 

Arrest, resisting or interfering with 179-190-198-223-234 

Arrt'sts on Sunday, inO-1 98-200-203-223-233 

Arrest, warrant for 198-203-222-224-233-234 240-245 

Arrests without warrant, 179-189-197-200-202-222-233-242-247 

B. 

Bail 190-197-200-204-224-240-245 

Bait fish, 184-192 205-227 

Bait fish in Delaware Rirer, 184-192 

Black bass, 178-183-192-205-227 

Bass, calico or strawberry, 18Ct-192-205-227 

Bass, grass, 205-227 

Bass, large mouth, 183-192-205-227 

Bass, rock or r(Hl-eve 178-183-192-205 227 

Bass, small mouth, 183-192-205-227 

Bass, striped, 192-205-227 

Bass, white 183-192-205-227 

Bass, yellow, or Oswego, or green, 183-192-205-227 

Bass, in Delaware River, 178-192 205-227 

Blue Pike 205 

Boat, forfeited to Commission of Fisheries, . . 179-187-193-194-202-222-230-233 

Boundary waters, , 177-183-191-228 

Boundary waters, length of fish in 179-187-195-228-232 

Brook trout, 184-192-205 

Bulletins may be issued by Department of Fisheries, 222 

Bull frogs, 201 

Burr hook 184-248 



252 INDEX TO FISH LAWS. 

c. 

Page. 

Calico or strawbeny bass 183-192-205-227 

Oarp 184-192-205-227 

Cat-flsh 184-192-205-227 

Catfish, stone (see bait-fish). 

Certificate for the transportation of trout 211 

Certificate for propagaliiig pui-poses 211 

Certificate fo)- fish sold 212 

Cliarr, or brook trout 184-192-205 

Chutes and fishways, 214 

Classification of fish 183-184-192-205-227 

Closing chutes, fishwayts, etc. , for repairs, 213 

Cloiiing nursery streams 219 

Coal -oil prohibited 181-188-196-216-228 

Coirunissiouer of Fisheries, duties and powers of 217 

Commitment to jail see "Penulty. " 

Compensation to Fish Wardens , . 220 

Compost, fish for 228 

Confiscation of fish and appliances 179-187-193-194-202-222-230-233 

Constables ex-oflficio fish Avardens 15 

Constables, poAvei-s and duties of, 15-16 

Construction of fish-ways by Commissioner of Fisheries, 214 

Contamination of waters, 181-1 88-196-216-228 

Convictions, sunmiary 180-1 89-197-200-202-222-2n3-2-10-24o 

Costs, county to pay in certain cases 180-181-190-198-200-203-223-233 

Court decisions, 137 

Crappie, grass, strawben-y, or calico bass, 183-192-205-227 

D. 

Dams, 214 

Dams, gates or ftsliAvays in, 214 

Decisions i)ert4Jinine to fish, 137 

Defiling watei-s prohibited, 181-188-196-216-228 

Delaware River, general act relating to, 177 

Delaware River, alK>ve Trenton Falls 191 

Delaware River, below Trenton Falls 183 

Destruction of illegal fishing appliances 179-203-225-235 

Device, permit for special 217-218 

Dip nets 177-184-192-208-209-218 

Dlpsey line in Delaware River 1S4-192 

Distances net can be used 185-194-210-231 

Disposition of seized appliances 179-202-222-225 235 

Disposition of penalties 180-189-197-199-204-224-234-241-245 

Distribution of fish 219 

Domestic fowls, trespassing, may be killed after notice, 212 

Drawing off of water prohibited, 214 

Drift net 185 

Dutv of Commissioner of Fisheries, 218-219 

Duty of Fish warden 48-220-221 

Duty of Fish Wardens on Delaware River 179-1 8'9-l 96-1 97 

Dynamite 188-196-216-228 



INDEX TO FISH LAWS. 253 

Page 
E. 

Eels, 184-192-205 227 

Eelpots in Delaware River 184-194 

Eggs or spa^vTi, 211-212-229 

Eklucatioiiiil purposes, fish may be kept for, 219 

Electricity, fishing ^vith, 188-19G-21 6-228 

Employnxent <if guides , 217 

Erection of fishways, chutes, slopes, etc 213 

Exchange of fish or eggs 212 

Explosives or poisons, 181-188-196-216-228 

Explosives for enginceinng purposes, may be used 216 

F. 

Fall-fish 205 

Fertilizer, ftsh for 228 

Fines, disposition of 180-18'9-1 97-199-204-224-234-241-245 

Fish, open season for 17S-185-18G-187-193-194-205-206 

Fish, bait, 184-192-205-227 

Fish basket, not to be used, except by special pemiit, 218 

FishAvays not to be obstructed 213 

Fish, classification of 183-184-192-205-227 

Fish, free distribution of, providing for 219 

Fish, food 184-192-205-227 

Fish, gajne 183-192-205-227 

Fish, illegally taken must be retunied to water, 179-206-229 

Fish, catcliing for special pui-poses 179-188-195-217-229 

Fish, length of 179-187-188-195-207-2 2 

Fish Commissioners, powers of, 21 4-217 

Fish Wardens, duties and poAvers of 179-189-196-200-202-217-233-242-247 

Fish Wardens, to enforce game, fish and forestry laws, 48 

Fish, disposition of, and appliancos used, when seized, . .179-202-222-225-235 

Fish, time may be had in possession after close of open season , 206 

Fish, corporations may have special police, 182 

Fishing at fishways and dams , 214 

Fishing devices in inliand waters. . 208-209-218 

Fishing Avith nets in Dela\<'ai'e River 177-184-193 

Fishing for scientific purposes pennitted, 179-217-218-232 

Pishing, certain methods prohibited, 177-178-188-196-202-208-216-228 

Fishing license, non-resident. 237 

Fishing license, resident, 242 

Fishing on Sunday prohibited 178-186-194-205 

Fishing regulated in inland waters, 204 

Eflshing regulated in boundary waters 177-183-191-229 

PishAvays, no fishing A\ithin one hundred feet of 214 

Food fish, 184-192-205-227 

Food fish, license to take 210-218-20 

Food fish, sale of for comnost prohibited, 228 

Food fish in DelaAva-e RlA-ev 184-192 2^6 

Poreign-born unnaturalized residents prohibited from fishing, 199 

Forfeiture of fish and fishing appliances 179-202-222-225-235 

Forfeiture of license 218-240-245 

Frogs, open season for 201 

Fn>crR. number that may i""^ t-iken, < 201 

Frogs, not to be taken with lights, 202 

Fr\', fish, preference to State 212 

Fyke nets 178-184-193-195 



254 INDEX TO FISH LAWS. 

G. 

Page. 

Game fish, general acts of Assembly, 177-183-191-204-226 

Game fish in Delaware River, 177-183-191 

Game ftsh, open season for 178-186 194-205-206 

Game tish in Inland waters 205 

Game fish, manner of catching 178-184-192-208-227 

Game fish, summaiy of law, ^^-^ 

GaflF 2^^ 

Gas tar prolilbited 181-188-1 96-216-228 

Gill nets 178-184-230 

Green bass 183-192-20r.-2'?7 

Guide, emploj-ment of, 2i 7 

Guide not to ftsh for employer, 217 

H. 

Hand line 184-192-2'08-227 

Haul seine, 209 

Hearings, 180-189-197-200-202-22 2-233-240 245 

Herring, 210 

Hook and linie, 178-184-192-208-227 

I. 

Illegal devices to be destroyed or sold, or forfeited, 179-202-222-1I25-235 

Imprisonment imposed, see penalties. 

Interfering with officers 170-190-198-223-234 

J. 
Justice of the peac«, hearing's by 3 80-1 89-197-200-202-222 2''3-240-245 

K. 
Klllifishes 184-192-205-227 

I/. 

Lakes, boundary, protection of fish in, ! 226 

Landing net, may be used 20*» 

Law, decisions of courts 337 

Laws relating to fish in inland waters 204 

Laws relating to fish in the Delaware River, ..'..' 177-183-191 

Laws relating to fish in Lake Erie, ^^26 

Length of fish taken Delaware River, 179-187-188-195 

Length of fish taken, in internal waters . . 207 

Length of fish taken, boundarj^ Avaters . . . 232 

License, non-resident fishing, 237 

License, resident fishing 242 

License must be signed before valid, 243 

License, artificial propagating, securing of oii 

License, seine, securing of .' ' 20O 

License to fish for food fish, '^69-'>18-229 

License for fishing in Lake Erie " ' " 229 

License fees, disposition of il24-2.34-'>41-246 

License to be shown on demand .209 231-239-''44 

Lime, use of in fishing prohibited 188-196-216-228 

Limitation of time in prosecutions, 190-197-200-204-221-235-240-245 

Limit of fish that may be taken, (see summary Page 249) " ''07-'>08-2''7 

Loaning or altering license prohibited ..'.'.'.'.".'.'.. 244 



INDEX TO FISH LAWS. 255 

M. 

Mpasuremrat of fish -.^n -.o-r .^^ ^J"^^^- 

Meshes, size of in seines or nets iVV ibk\^I^.^^,T"^^'^--0^-2'^2 

Migration of fish,' ohstniotin^,' " 184-192-203-227 

Misdemeanor, ~ ' 215 

Mullets, food fish ^'''^ 

Muscallongp. 184-192-205-227 

205-227 

N. 

Sets%rsuiday; " in Delaware RiverV •; ; : : : " " •'''-^^•^-^•'^^-^^•'-2'^9-21«-2;,0-231 

Nets to be destroyed when illegally used, ... IT^'sin? 99 99- oq- 

Nitro-glycerine, use of forbidden, '. .....•.'. istfc,l'ifr'f4 

Non-resident fi-shing license, . i^b-iyb-J10-2J8 

Notice, trespass, . ' 237 

|r!s SI ??^^'\triv'=',,f £tl<^--"""""- ■■•»««■=«■')■■ ■ -.• ■ voT-so^^i? 

Number of tadpoles that may be taken, ".'. om 

Number of terrapin that may be taken, . . z9} 

Nursery streams, closing of '.'.'.'.'.'..'. 21 9 

O. 

Obtaining fish by false representation, . . 0-10 

Obstructing fishways ^^^ 

Obstrxicting flow of water prohibited,' *.'.'.'".'. 01 ^ 

Obstructing migration of fish ill 

Officer rotUsing or neglecting to do duty, ■.■.■.■.■.■.■.■.■;; Ao 990 000 

Ofhcer, resisting or interfering with, . 17a VqW^tHooo'dl 

Open season for fish J^< J-i.'"-i9»-z2d-234 

Ownership and control of streams,' ' .' .' .' .' .' ." .' ." ." .' Z ; ; .' / ; ; / / ; ; ' .^'^^^:^.^*'-^^'|?^ 

P. 

|SSS"?i?VSXn SI- „,;. -.aW; Vs.e- act ■ •,„S-"--»4..0....2-230-.33 

Permission' 'to 'draw' off 'water 184-192-208-232 

Pennission to use explosives for engine'ering 'purposes o]i 

pSkerei '^^'''''''^ '"^ "'^"""'^ waters. . . ... '. /. ". *. '. .:::::;::• Us 

Pikef^blue 178'-'l83li92-205-227 

Pike, grass 183-192-205-227 

Pike perch.' . . .', 227 

?^ Te's'S" "■ ^-^-i-""- ->.non; ' : : : ■. ; ; ; ; ; ; ; ; ■. : ; -.I'.tlfa:;?!:!;!!:!!? 

Planting fish, '..'.'.'.'.'.'.'. 205-227 

Poison, fishing with, forbidden, ■■■■.'.■.■.'.'.■.■.■.;■. i kk'^6a 9i « III 

l^c^Z^^'. !^. .^*"""-" "^"^"^^*^^' •••■•••• •■.■.•.Vm-liiliEeJillir 

Police, powers and duties of '^^^ 

Pollution of waters forbidden , .';,";.■;.■■.■ i si Vca 1 oV o-. o 00.? 

Possession of fish prima facie 'evidence .' .' 181-188-196-216-228 

Pound net 223 

231 



256 INDEX TO FISH LAWS. 

Page. 

Power of Commissioner of Fisheries 214-217 

Powers of flsh wardens 179-189-196-200-202-217-233-242-247 

Preference of State in distributing fish 219 

Prima facie evidence 223 

Private streams 211-219 

Proceedings on arrest made 180-189-197-200-202-222-233-240-245 

Property seized, disposition of 179-202-222-225-235 

Propagating streams may be set aside and closed, 219 

Propagating of fish, artificially by individuals ^ 211 

Public fishing, waters open to ' 219 

Purchase or sale of certain fish prohibited 217 

Q. 

Quick lime, use of in fishing prohibited 188-196-216-228 

R. 

Recognizance 190-197-200-204-224-240-245 

Record costs, liability for 180-181-190-198-200-203-223-233 

Record of licenses issued, 2;>8-244 

Refusal or neglect of officers to act, 48-223-233 

Refuse from gas houses, etc.. not to enter streams, lST-188-196-21 6-228 

Removal of fiSh from licensed, device by third person prohibited, 210-232 

Report of Commissioner of Fisheries, 222 

Resident fishing license, 242-2+3 

Resisting arrest ^^n-in.0-198-2'13-234 

Rock bass 178-183-192-205-227 

Rock fish, or striped bass, 205 

S. 

Sale of certain fish prohibited 217 

Sale of certain fish permitted, 211 

Saturday night fishing with seines, \mlawful 178-186-194 

Sawdust In streams prohibited. 181-188-196-216-228 

Scientific purposes 179-217-218-232 

Scivcns to prevent the destruction of fish, 215 

Screens may be placed by Commissioner of fisheries at expense of owner, 215 

Search for fish, by officer without warran*;, 220 

Search warrant, 229 

Seasons for game fish 178-186-194-205-206 

Second off'ense, 178 

Seines 177-185-187-193-209-218-230-231 

Seines in Delaware River not to be broken 188-199 

Seine license 209 

Seizure, right of, 179-187-193-19 1-202-222-2.*',0-233 

Shad, 177-210 

Size of fish legally taken 1*79-187-195-207-232 

Size and number of fish legally taken in Delaware River, 179-187-195 

Spawn, . 212 

Special device permit for Inland waters, 218 

Special officers for corporations raising fish, 182 

Special officer, powei-s of, 182 

Special fish wardens to enforce game and forestry laws, 48 

Special wardens not entitled to salary 222 

Spe<'kled trout, open season for 186-194-205 

Speckled trout, must be at least 6 inches long", 207 

Speckled trout, wild, not to be bought or sold 217 

Speckled trout, wild, not to be caught for wages or hire 217 

Speckled trout, wild, size and number to be taken 207 

Speckled trout, propagated in captivity may be sold in certain cases, . .211-212 
Spoon hook 184-192-248 



INDEX TO FISH LAWS. 257 

Statistics of flsh shall be furnished, 212 

St(>oko(l waters to hp free 219 

Stocking of waters with fish 219 

Strcaius for proi)HKation may be sfet aside and closed 219 

StreHins on State lands, preference for in distributing fry, 219 

States of Pennsylvania and New Jersey to have concurrent jurisdiction 

oret Delaware River, 183-191 

Striped bass, or i-ock tish 205 

Stniceon 18r,-lP3-22S-2S6 

Suckers, food fish, 184-192-205-227 

Suits, costs of. where chargable, 180-1 81 -190-198-200-20.*?. 22.!-233 

Summary convictions 18O-189-197-200-202-222-23.'?-240-245 

Summary of flsh laws, 249 

Sunday, no flsblng on 178-1 86-194-205 

Sunday, arrests may be made on 190-198-200-203-223-233 

Suntlsh, number tbat may be taken, 208 

Susquehanna salmon 178-183-192-205-227 

T. 

Table of size, seasons, etc., of game flsh, 249 

Tadpoles, open season 201 

Tadpoles, number that may be taken, 201 

Terrapin, open season for, 201 

Ten-apin, number that may be taken 202 

Tlireatening officers 179-1 80-198-223-2'?4 

Three hooks 248 

Time limit of actions, 190-197-200-204-225-235-240-245 

Til le tisb may be iieid afLer close of season, 206 

Torpedo, ase of probibited in fishing, 188-196-216-228 

Transportation of fish permitted 211 

Trenton Fails, fishing ai>ove 191 

Trenton Falls, fisiiing below 183 

Trt»spa86ing on waters operated by Fish Commissioners, 216 

Trial 180-189-197-200-202-222-233-240-245 

Trolling line 184-1 92-248 

Trout, bi-ook or speckled, 184-192-206 

Trout, open season for 186-194-205 

Trout, length limit 6 inches .' 207 

Trout, nunil>er that may be taken, ..'.*.' ' ' * 207 

Trout, lake 205 

U. 

Unlawful to procure fish for private purposes, 219 

Unlawful taking of fish, 177-178-188-196-202-208-216-228 

^ \ 

Vats, contents of » 181-188-106-216-228 

Vitrei 181-188-196-216-228 

W. 

Wall-eyed pike, or Susquehanna salmon, 178-183-192-205-227 

Walls, wing, 17g 

Wardens, fish, duties and powers of, . .48-179-189-196-266-202-217-233-242-247 

Wardens, fish, to enforce Game and Forestry laws, 48 

Wardens, fish, compensation of, .'...!! 220 

Wardens, special, ..!.......''.'! 221 

Warrants of arrest and search 199-203-220-222-224-233^234-240-246 

17 



258 INDEX TO FISH LAWS. 

Page. 

Waters for public fishing, . . • • • • • • 219- 

Waters in which ftshing may be prohibited, . ... ••••••••;• 21» 

Waters on State lands, preference of. In distribution of ftsh. . ■••^^^^^Q^,il% 

Waters, boundary • / ' l." ' ' ' V a'i 215 

Water-wheels must be screened for protection of fish |^^ 

Wild birds may be killed -j^^g 

Wing -walls 

Y. 

^„ ^ 183-192-205-227 

Yellow bass, .184-192-208-232 

Yellow perch 



FOREST LAWS. 259 

DIVISION III. 
ACTS OF ASSEMBLY RELATIVE TO FORESTS. 



PREVENTION OF DAMAGES 
An act to prevent the damages which may happen by ^'^9*' ^Sm 
I ill firing of woods. ' • ^' ^'** 

Whereas, It has been represented that numbers of 
persons are in the custom of setting fire to the woods 
for different purposes, thereby producing an extend- 
ed conflagration, injurious to the soil, destructive ,to 
the timber, and the infant improvements within 
the State ; therefore, 

Section 2. And be it further enacted by the au- 
thority aforesaid. That where any person or persons 
so offending as thereby to occasion any loss, damage, 
or injury to any other person or persons, every such 
person or persons so offending shall be and hereby 
are declared liable to make satisfaction for the same, 
in any action or actions on the case, to be brought 
by the party or parties grieved, in the court of com- 
mon pleas of the county in which the offense was com- 
mitted. 

Section 3. Where any party is injured, and shall 
not demand above fifty dollars for his loss or damage 
it shall and may be lawful to and for such person 
or persons to apply to any justice of the peace of 
the county where the offense is committed who is 
hereby empowered and required, by warrant under 
his hand and seal, to cause the party offending to 
be brought before hwn or some other justice of the 
peace of the same county ; and if, upon examination, 
it shall appear to the justice, by the testimony of one 
or more credible witness or witnesses, that the de- 
fendant is guilty of the charge exhibited against him, 
then the said justice shall issue his warrant to two 
or more freeholders of the neighborhood, thereby 
commanding them, in the presence of the defendant, if 
he will be present, to view the place or thing damaged 
or inquire into the loss sustained by the plaintiff, and 
to certify to the said justice, under their oath or a^r- 
mation, what damage, in their judgment, the plain- 
tiff hath sustained by occasion of the premises ; and 
upon the return of such certificate to the said justice, 
he is hereby empowered to grant execution for the 
recovery of the said damages, together with the costs 



260 



FOREST LAWS 



I860, 
419. 



P. L. 



of prosecution, as is nsiial in the recovery of dobts 
under ten pounds: Provided, That if any person or 
pi^rsons sliall apprehen<l him, her or tliomselves a.?- 
grieved by the determination of any justiee of the 
peace, in consequence to this act, lie, slie or they shall 
have a riglit to appeal from the judgment of the said 
justice to the next court of common pleas of the 
proper county. 



Title VIII. 



Offenses against real 
malicious mischief. 



property, and 



Section 153. If any pei*son shall knowingly and 
maliciously cut, fell, alter or remove any certain 
boundccl tree, or other allowed land mark, to the 
wrong of his neighbor, or any other person, he shall 
be guilty of a misdemeanor, and on conviction, be- 
sent«>nc(M] to pay a fine not exceeding five hundred 
dollars, and to undergo an imprisonment not exceed- 
ing one year. 

Approved— March 31st, A. D. 18G0. 

WM. F. PACKER. 



1869, P. L.. 
1251 . 



Tenants in 
common pio- 
hibited from 
cuttins or 
removing 
timber -with- 
out consent 
of co-tenant 

Sales of tim- 
ber tlni-i rut 
oir removed 
not to pass 
title thereto 



PREVENTING CO-TENANTS CUTTING TIMBER 
WITHOUT CONSENT. 

An Act to prevent tenants in common of timber lands 

from cutting or removing trees without the consent 

of all of their co-tenants. 

Section 1. Be it enacted, &c., That from and after 
this date it shall be unlawful for any own^r or own- 
ers of any undivided interests in timber land within 
this Commonwealth to cut or to rrniove, or to cause 
to be cut or removed, from the said land, any timber 
trees, without first obtaining the written consent of all 
co-tenants in said premises. 

Section 2. That no sale of any timber cut or re- 
moved from such undivided lands, b<'fore or without 
such consent, shall pass any title thereto; and the 
parties injured shall have every remedy in law and 
equity for the recovery of the said timber trees, and 
of all square timber, boards, lumber, ties, singles 
and other articles, whatsoever manufactured there- 



FOREST LAWS. 261 

from; and also for the recovery of damages for the J^rTe^-overy 
cutting or removing of the same, which they now of timber 
have against an entire stranger to the title. and dam- 

Seetioii 3. Ui)()n the violation of the provisions of ^'^^• 
the first section of this act, it shall be lawful for any int^j-e^g^t ^J. 
of the parties in interest to sue out a writ of estrepe- tiiorized to 
ment, to prevent any further cutting thereon, or the sue out 
removal of any timber then already cut, or both; estrepe- 
which said writ shall be of force until the interests of ment. 
the parties sliall be set out in severalty, or the writs 
dissolved by the court, or the action or partition in 
reference to said land finally ended; and the said writ writs, how 
of estrei)t',ment sliall be obtained by affidavit, and al- obtained. 
lowed in the same manner and with like proceedings 
as to its service and dissolution as are now by law al- 
lowed and authorized in cases of estrepement issued 
pending actions of ejectment for real estate. 

Approved— May 4th, A. D. 1869. 

JOHN W. GEARY. 



ASSESSORS' RETURN OF TIMBER LANDS. 

An act requiring the several assessors of this Com- iss.'j, p. l. 
m(mwealth to make return of timber lauds. ^^-' 

Section 1. Be it enacted, &c. , That it shall be the i^J,";/'^^ ^ 
duty of the several assessors of this Commonwealth separately^ 
in their return of real estate to the commissioners assessed. 
of the proper county, at the next triennial assessment 
and at each triennial assessment thereafter, to make 
return of all the timber land in their proper districi 
by specifying in separate columns, how many acrer 
each tract contains of cleared land, and how many 
in timber. 

Approved — The 13th day of June, A. D. 1883. 

ROBERT E. PATTISON. 



262 



FOREST LAWS, 



1S91. P. 
170. 



Owner dam- 
.Hgod may 
jpetition the 
court. 



•Tcvurt shall 
ap]>nint 
three 
-veiwers. 



"Viewers' 
report. 

\Yhpn con- 

firnuition 
shall become 
absolute. 

shall not 
apply to 
police or tire 
dcpartinont 
telegraph 
liues. 



RECOVERY OF DAMAGE BY WIRE LINES. 

Ad act providing for the recovery of damage to 
trees along the public highways, by telcigraph, tele- 
phone and electric light companies. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, it shall be lawful when- 
ever any telegraph, telephone or electric light com 
pany shall have erected its poles and lines along anj 
turnpike, public road, street, lane, alley or highway 
in this Commonwealth, for the owner or owners of 
land adjoining said turnpike or public road who may 
claim to be damaged by the erection or maintenance 
of said lines by reason of the cutting of trees, whether 
planted in said turnpike, public road, street, lane 
alley, or highway, or on enclosed or unenclosed laud 
adjoining the same, to petition the court of common 
pleas of the county in which said damage shall be 
alleged to have been committed, whereupon the said 
court shall appoint three impartial men, citizens of 
the county in which said damages shall be alleged, at 
viewers, who shall, after having been duly sworn 
or affirmed to the faithful performance of their duties 
assess the damages done, if any, to the petitioner 
and shall report the same to the court, at the first 
week of the next regular term thereof after the said 
ai)pointment, which report shall, upon its presenta- 
tion as aforesaid, be confirmed nisi : and if no appeal 
be entered to the same on or before ten days fron: 
the Saturday of the week in which the same is pre- 
sented, it shall then be confirmed absolutely and judge- 
ment entered by the prothonotary of the said court 
upon the same against the said company. 

Section 2. The compensation of the viewers pro- 
-vnded for by the first section of this act shall bf 
the same as is now provided for road viewers, and 
shall be paid by the def-^ndant company, where dam- 
ages are awarded, otherwise by the i)etitioner: Pro- 
vided, That the provisions of this act shall not apply 
to the police patrol or fire department telegraph 
lines. 

Section 3. All laws in so far as they conflict with 
this act are hereby repealed. 

Approved — The 2ud day of June, A. D. 1891. 

ROBERT E. PATTISON. 



FOREST LAWS. 263 

PURCHASE OF UNSEATED LANDS. 

hundrod and uin.'tv oi»l^ U,. """^ thousand eight stoll go 
lands within fh/= 7- ^^ ' w'|™ever any unseated mtc effect. 
lanus within this Commonwealth shall, under exist- 

JountyTreasi'eTL th"" '". ^""^ ^^^ *•■» '-pSfve D„t,e, „, 

nflvme„t^,f ► or the county commissioners fur non- count,- 

?,rIS , "^'"'?' '.* ^■'"'l ""^ tll<^ <iuty of such treaS- feasurer, 

urers and commissioners to publish at least once n """ ™'""''»- 

week for six successive weeks in it len<,t ^L "°""'- 

XT the ^™,"f' ?-™'-«on ^thin'The Sunt^y'Tn •P-.-.c no- 

which the said lands lie, and if two newsnaoer^ h. "fe to i.e 

not published in said county, then in onT newspape ^''■™ '" *"" 

the" namer of 't^he'ow^Tr'' t''^'',""*''^^ shaircSJ!;fn "cST'oV 

num J^rrL.ls"p;^aStI^wbtT^'ow'S,^ ,^2'^. "°"-- 

tarv o^a' '?^ i'."^^^ andlurthrr'to'm^SyTo tt'sX" ^otioo. t» 

S, len ^?o!?i';s"''Cf""sth"pSZd 'lr^^- "' ^"'^"^^^^^ 
mediately upL publica^on^Z^f!"'™"'""'^'" ""■ ?J„^%„°' 

;;/:,;., county treasurers and the county commi<i. Forestry, 
sioncrs of this Commonwealth for sale for the m,n 

are^'To locn od'S .T' f" '". '"^ ,J""^^™' "'e -^e 
them^"d|Sre C' K ^^Zt^etlT^rrM;! 'pV^^^ 

he^Sri,Tve"';;L'??'S,'1,nis^cre'So^-^'tSF" «- P"^- 

under ^xis^?;^' ,a';'s^r%;^o°vi^'rd -iSeev-c^r '^^'Z T"^'"''- 
bid made and price paid tor said lands shall in "'■ 



264 



How pay- 
aneut shall 
be made. 



Kedemption 
of. 



Title shall 
be vested in 
•Common- 
wealth. 



•County 
treasurers 
shall certify 
to Commis- 
sioner of 
Forestry 
lists of 
lands not 
redeemed. 

Such lands 
not subject 
to further 
taxation. 



FOREST LAWS. 

For all purchases so made in behalf of the Common- 
wealth, the Auditor General shall draw his warrant 
upSn the State Treasurer to the order of the. county 
treasurer, upon certificate filed by the Commissionei 
of Forestry with the said Auditor Gener.d : Pro- 
vided further. That the C-^^i««^T^, f,,J,"Xei 
shall have power to purchase unseated lands otner 
than such as are advertised for sale tor non- pay- 
ment of taxes, upon such terms and conditions as may 
be agreed upon with the owners of such lands : ri-o- 
vided That such purch;tse shall be approved by thf 
Governor and the Board of Property consisting of 
the Attorney General, Secretary of the Comnionwealtb 
and Secretary of Internal AfPairs. And provided fur- 
ther That in no case shall the price paid for suet 
unseated land exceed the assessed value of the same. 
For all purchases so made in behalf of the Common- 
wealth the Auditor General shall draw lus warrant 
upon the State Treasurer to the order of the gi antor 
S on certificate filed by the Commissioner of Forestry 
with approval as aforesaid : Provided That in no 
case shall the amount paid for any tract of land 
purchased under tlie provisions of this act exceed the 
sum of five dollars per acre. _ 

Section 3 In the event of redemption of said lands 
the redZption money paid shall be remitted to the 
State Treasurer by the county treasurer with a state- 
ment describing the tract of land so redeemed. 

Section 4. The title to all lands so purchased, and 
not red^mod after the expiration of the time limited 
for the redemption, shall be taken as vested in the 
Commonwealth to the same extent^ and w^rt^^ like 
ofFr.Pt 19 thoujrh such purchase had been mane vy 
an i idfvidual It such sale, and the county treasurer 
?lra"certfy to the Secretary of Agriculture (Com- 
^ssioner of Forestry) lists of all 1^"^^»%I'"''^^^^?,U° 

?fA.fer taxation whne the ^ame^a^^^^ 
^^T^StS^rtwommfiioner of Forestry) to keep r 

rXhr'wUh''"uu''description of each tract, the char^ 



FOREST LAWS. 



265 



acter of the same, the date of purchase, the price 
paid, when the title became absolute, or if redeemed 
the date of redemption. 

S«^ction 5. The lands so acquired by the Common- 
wealth shall be under the control and management 
of the Department of Agriculture, but assigned to thr 
care of the Division of Forestry, (Department of 
Forestry) and shall become part of a forestry reser- 
vation syst<>m, having in view the preservation of 
the water supply at the sources of the rivers of the 
State, for the protection of the people of the Com- 
monwealth and their property from, destructive floods. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 30th day of March, A. D. 1897. 

DANIEL H. HASTINGS. 

(The above Act, by reason of the abolishment of the Dirlslon 
©f Forestry In the Department of Agricultnre, and the creation 
of the Department of Forestry by Act of 25th February, 1901, 
has been changed in its application.) 



Record of 
lands to be 
kept. 

Contents of 

i-i cord. 

L/.and shall 
be under 

contrul of 
Department 
of Forestry. 

Purpose. 



Repeal. 



ARRESTS WITHOUT WARRANT. 

An act to authorize constables and other peace 
officers, without first procuring a warrant, to ar- 
rest persons reasonably suspected by them of of- 
fending against the laws protecting timber lands. 

1SQ7 P T 

Section 1. Be it enacted, &c.. That if any persor 29. ' 
or persons shall be detected by any constable or 
other peace officer, in the act of trespassing upon any 
forest or timber land within this Commonwealth 
under such circumstances as to warrant the reason- Duty of 
able suspicion tliat such person or persons have cam- constables, 
mitted, are committing, or are about to commit, some 
Offense or offenses against any of the laws now enactec' 
or hereafter to be enacted for the protection of forest' 
and timber land, such constable or peace officer shall 
have authority at once, without first procuring a war- ^.^^ arrest 
rant therefor, to arrest on view such person or per- ^^ant. 
sons, liko with effect as though such warrant had first 
been procured. 



*Sec. 2 as amended by Act of April 28, 1899, P. L. 98. The 
limit of purchase price is niow increased to ten dollars per acre. 



266 



FOREST LAWS. 



Section 2. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repeal. 

Approved— The 29th day of April, A. D. 1897. 

DANIEL H. HASTINGS. 



1897, P. L. 
295. 



Section 1, 
act of June 
2, 1870, 
cited for 
amendment. 



Cotinty com- 
missioners 
shall appoint 
persons to 
Institute 
proceedings, 
and extin- 
golsb flres. 



COUNTY COMMISSIONERS MUST EXTIN- 
GUISH FIRES. 

An act to amend the first section of an act. enti- 
tled "An act to protect timber lands from fire," 
approved the second day of June, A. D. 1870 
providing for a penalty in case of failure of countj 
commissiners to comply with the terms of said act. 
after demand made upon tliem by the Conijmissioner 
of Forestry, and providing for the Commonwealth 
bearing part of the expenses incurred under said 
act. 

iSection 1. Be it enacted, «S:c., That the first sec- 
tion of the act, entitled "An act to protect timber 
lands from fire," approved the 2nd day of June, A. D. 
1870, which reads as follows : 

"Section 1. That it shall be the duty of the com 
missioners of the several counties of this Common- 
wealth to appoint persons under oath, whose dutj 
it shall be to ferret out and bring to punishment &V 
persons who either wilfully or otherwise cause thf 
burning of timber lands, and to take measures to 
have such fires extinguished where it can be done 
the expense thereof to be paid out of the county treas- 
ury, the unseated land tax to be the first applied tc 
such expenses," shall be and the same is hereby 
amended to read as follows : 

Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons, under oath, whose duty 
it shall be to ferret out and bring to punishment all 
persons or corporations who either wilfully or other- 
wise cause the burning of timber lands within the 
respective counties, and to take measures to have such 
fires extinguished where it can be done ; and on failure 
of the commissioners of any county, after demand 
made upon them by the Commissioner of Forestry of 



FOREST LAWS. 

this Commonwealth, to comnlv wi>i. ^i.; • ■ 

they shall be deemed euiltvTf n r.,7i ^^'^ provision 
and upon conviction tWofJ^^aTh^ 
not exceeding one hundred doll /^^^ ^"""^l '° ^ «"^ 

shall be p.ud, oie'alf oS o1 tt"tSuf; o?Vh'^'^ 
spective county and the rema ninelfp If nf m^ ""'^ 
pensc shall be paid bv the It^ffrf tIJ ^^ ^'^^''^ ^'^^ 
rant from the Au( itc^ Gener- 1 hnTn"'^'' ,"^'^° ^^^■ 
shall be drawn ui til H.o i^ • • ^ "'^ ®"^^' warrant 
county shXhave first fn^nlS''?^""'! ^^ ^^^ P^^P^i 
firmation, to t e And^nr p ^^''1' ""^^^ ^^^^ o** af- 
statemen of such <^ hL^'"'"'",^' ^ ^,""^° i^emizec' 
approved by the Auditor n' """1 "r".^'^ .^^« «^""e if 
no'case shall the txvZl U^TJ'r ^'^"^^'^^'^ That ii 
ing out of fl.i« .^V^ ,^"c^"^ Commonwealth grow 

Bingle"county"hi ^ny^one^'yea;! '"°'^^' ^^"^^ '- " 
Approved-The 15th day of July, A. D. 1897. 
DANIEL H. HASTINGS. 



267 



Coimnis- 
sioueis fail- 
ing to com- 
ply shall be- 
guilty of a 
misde- 
meanor. 

Penalty. 
How ex- 
peases after- 
.January 1, 
1898, shall 
he paid. 



Itemized 
statement 
shall be fur- 
nished Aud- 
itor GeneraL 



ESTABLISHMENT DEPARTMENT OF 
FORESTRY. 

^nr.f,f . '°f establish a Dopartmrat of Forcstrv tn 
provKl,. for ,ts proper aclministrati'on to r'/ul-m 

tenarc, f For .If "??"'"'• I'."-"'™"™ and main- 
m™t of iolslT'' ^'■'''^'•™"«°^ "y the Depart. 

IqIi"'™ h~^ amended by the act of May 17th 

1^ tJ^^te-;; '.^ra ^^rsrcl^^,-.!-;, S",^^ wtf^ 
gnterll^l'^'eS-^^r^^^^^ 

5XeftrJ'-d^^Y^br^,'S.V^irk?eXTfc 



1901, P. !>. 

11. 



State Forest 
Commis- 
sion. 

Members. 



Appointment. 
Term. 



268 



Power. 



Acquisition 
of land. 



Pi-oviso. 



Control, de- 
v(>l(>pn:ent 
and utiliza- 
tion of 
lands. 



Bureaus and 
odices of 
the Depart- 
ment of 
Forestry. 



Powers and 
duties. 



FOREST LAWS, 
vation Cominission to serve for the te^^^^^ ^or wMcb 
^ tte^^f^rar^^^^poJ;;— s^an be .nade 

Forest Commission shall be clo ed wf fj^^^p.^^.^^ry 
heretofore conterrrd by law u 'u un ^ ^^ 

Reservation Commission or ^'^ich sha nerca 

conferred on the ^^'-^l^^^f^^' ^ fu 1 1 "W^^^^^^ ^^^ 

^tntp Forest Commission, with tnii l'"^*'' .^ 

I ?h' the consent of tl'e Governor to ««,,. by ,,„ 

clmso or by con,lomnat.on P^'^^^'^^^^.V, which, in 
lands in any county ,«* t''^„YsLh.n the State should 
the judgment of «»"' pomm^^^ "• „„intnining, and 
possess, for the Pur POse of ho d,„,.^^.^^^^^^^ 

Sr"e\,rnde^"lor ^ -nisUion of an* ^,^,0. 

purpose for such period. nower to man- 

Cc) The Commission ^j!^^ I H V.rTnd develop 
n"-o control, protect, maintain, "" /ti,n i>rf v^«?ions 
Sil'innds which may be acquired nn-.^h^^ P--- ^-^ 
of this act, as woll as those win m .^^^ 

boen purcliased and are n^.^^.^^Y"''' . " ,i niav. in 
as State for.sts under ^^/^ti"f^.^[^^f ^fe/tion estab- 

additi(m to the B"^^^", ^^ ^'' .^:^!,., ^ .Vrt of June 
lished in the Department of Fo,-ti^ M Act .^^^^ 

--" hundred n^oty-sej.n) .^J^^^'^^ ' „nd 
partment of t oresiry, ^'l^. -nnrenu of Silvicul- 

Offices: Bureau f ., Op^^^q* ^^; orR^lareh. Offlc. 
•r^inSrSon Office 'of Maintenance, and shall 
tijn^'rlow^rs^'and d,,He „f the Depar..ent^_of 
^^'^^.^o♦•rv n«a now estnnlistien Dj iii'^ "• "■■.' 



FOREST LAWS. 208 

Protection), subject, however, always to the complete 
supervisory control and direction of the State For- 
est Commission and the Comnwissioner of Forestry.: 
Providing, liowever, That the salary of any of the Salaxies. 
chiefs (tf bureau and offices sliall not exceed the sum of 
five thousand dollars per annum. 

(d) The State Forest Commission may divide the Forest Di*- 
State into such convenient Forest Districts as it tricts. 
deems ecoaomical and effective to administer, protect 
develop, and utilize the State forest lauds and re- 
sources, to protect all forest land in the State from 

forest fires, fungi, insects, and other enemies, to pro- 
mote and develop forestry and knowledge of forestry 
tliroughout the State, to advise and assist land 
owners in the planting of forest and shade trees, tc 
render reports of its conduct of the Department of 
Forestry, to obtain and publish information res- 
pecting forest lands and forestry in the State, to 
assist in Arbor Day work, and promote and advance 
any other activity in local forestry which the Depart- 
ment of Forestry may deem helpful to the public in- 
terest, jmd to execute the rules and reguhitions of 
the State Forest Commission for the protPcti«)n of 
forests from fire and depredation ; and also may aasigr AssigTiment 
District Forestei*s to take active charge of sucii i'\)V of Foresters 
est Districts and also such Foresters, Forest Rangers ^^^ Rangers. 
and other help for the administration of such For- • 
est Districts, as the Commission may deem neces- 
sary for the accomplishment, throughout the State, of 
the i)urit«»ses for which the Department of Forestrj^ 
is established. 

(e) The Commission is also empowered to appoint Assistants 
and assign to selected lines of work, Forest Officers «^^ employ- 
to act as chiefs of the Bureaus (including the Bu ••• 

rean of Forest Protection) and Offices, also to act 
as Assistant Chiefs of said Bureaus and Offices, when- 
ever, ancl to the extent, it may doom such assistant 
chiefs neepssary, and also to act as District Foresters 
Foresters, and Forest Rangers, which Forest Officers 
shall be especially qualified to perform the duties of 
the Bun'ans, Offices, Forest Districts, and other 
Dixnsions of the work of the Department of Forestry 
to which thoy shnll be assigned : and it sbnll also 
employ and assign to duty such surveyors, draftsmen, 
steiiognipliers, and oth<'r assistants, and labor, and 
such scientific assistants and other employes as may 



270 



FOREST LAWS, 



Bnles and 

regulatiouf. 



Educational 

qualifiica- 

tions. 



dale of 

timber on 
State forests. 



ProTiso. 



Contracts or 
leases for 
the removal 
of minerals. 



Advertise- 
ment. 



Awarding of 
contracts or 
leases. 



be necessary and needful for the control, protection 
maintenance, utilization and development of the Stat€ 
Forests, to fix their compensation, and to establish 
such rules for the oontrol, management, protection 
utilization, and development of the State forests, ab 
in their judgment will conserve the interests of the 
Commonwealth . 

(f) The Commissioner of Forestry, the Deputy 
Commissioner of Forestry, the Chiefs and Assis- 
tant Chiefs of the Bureaus of Operation, Forest Pro- 
tection, and Silvicuture, the Chief and Assistant Chief 
of the Office of Research, and the District Fores- 
ters and Foresters shall be persons educated and 
trained in Forestry. 

(g) Whenever it shall appear that the welfare of 
the Commonwealth, with reference to reforesting 
and the betterment of the State forests, with respect 
to control, management, protection, utilization and 
development, will be advanced by selling or disix)sing 
of any of the timber on the State Forests, the Com- 
mission is hereby empowered to sell such timber on 
terms most advantageous to the State : Provided, that 
the State Forest Commission is authorized and di- 
rected to set aside, within the State Forests, unusual 
or historical groves of trees or natural features, 
especially worthy of permanent preservation, to make 
the same accessible and convenient for public use, 
and to dedicate thera in perpetuity to the people of 
the State for their recreation and enjoyment. And 
the said Commission is lien^by empowered to make, 
and execute contracts or leases, in the name of the 
Commonwealth, fur the mining or removal of any 
valuable minerals that may be found in said State 
forests, whenever it shall appear to the satisfaction 
of the Commission that it would be for the best in- 
terest of the State to make such disposition of said 
minerals ; Provided, The proposed contr.ncts or lenses 
of vauable minerals exceeding three hundred dollars 
in value shall have been advertised, once a week for 
three weeks, in at least two newspapers published 
nearest the locality indicated in advance of said con- 
tract or lease. Said contracts or leases may then 
ba awarded to the highest and best bidder, who shall 
give bond for the propter perfoi^nnce of the con- 
tract as the Commission shall designate. And the 
State Forest Commission is further empowered to 



FOREST lAWS. 



271 



p„.vide by /tltelor4'compa«bi:'wUh 'tbfpur- 
B'S'for wbich ?be State forTts are created ; namely 
to pro "de a continuous supply of timber, lu-nbe^ wood 
and her forest products, to P-otect tte water sbe4s 
of tbe rivers and streams of tbe State, ano lo lur 
nisb opportunities for health and recreation to the 

^"Sertiont'^'c Supplied by Act of May 5, 1911, P. L. 

'l^^ofsT 'iL^'-thf kmmissioner of Forestry 
1, 11 Ka thP nresident and executive officer of the 
Fo^'restrv ReservTtor Commission, and also Superin- 
frnden7 of the State Forestry "^^^^'^^^'Z^' J^^, 
«hnll h<ive immediate control and management, under 
fhe direction o^ the Forestry Reservation Commission 
of al forest lands already acquired or which may 
ot a" i"'^'^^ V,n„ni-red bv the Commonwealth, but 
^hT'lSwer' o S;7;ld'^pon%aid Commissioner o 
Forestry shall not extend to the enforcement of the 
Inwf relating to public health or the protection of 
fish and game It shall be the duty of the Commis- 
sfoner of Forestry to encourage and promote the^ de- 
velopment of forestry, and to obtain and publish 
information respecting the extent and condition of 
foresriands in the State, and to execute nil rule, 
and regSois adopted by the Forestry Reservation 
CommisSoi for the enforcement of all l^^^ ^^/^ 
uated for the protection of forests from fire and de- 
predation- and he is hereby empowered to employ 
such detective service and such legal or other service. 
«rmav be necessarv for the protection of the forestry 
reservations owned "by the Commonwealth an^^^^ Jhe 
rpprehension and punishment of persons who may 
SFnlntP inv of the forestry reservation laws or any 
of the rS and regulations, which, under the powers 
herein g ven, may be adopted by the Forestry Reser- 
vation Commission : Provided, That the services so 
ImXved and the expenses that may thereby be incur- 
^^d shall be approved by said Forestry Reservation 
Commisson and the Governor of the Commonwealth 



Utilization 

of State 
forests. 



Commis- 
sioner of 
Forestry to 
be President 
of Commis- 
sion , etc. 



Duties at 
Commis- 
sioner. 



May employ 
detectives 



Proviso. 



*The State Forestry Reservation Commission Is now Th« 
State Forest Commission. The forestry reservationB are now 
the State Forest*. See Act July 7tli, 1019, P. L. 737. 



272 



FOREST LAWS. 



Salaries. 

Conunission- 

er. 

Deputy. 



State Forest 
Commission. 



Office to 
be provided 
and fur- 
nished. 



Purchase 
money for 
lands ; liow 
to be paid. 



Title of 
lands ac- 
quired to be 
in Common- 
wealth. 



Lands not to 
be subject 
to warrant, 
survey and 
pate?it, and 
to bo ex- 
empt from 
taxation. 



Section 4, as amended by act of May 17th, 1921 
P. L.— 

Section 4. The Commissioner of Forestry shall 
receive a salary of eight thousand dollars per annum, 
and the Deputy Commissioner of Forestry shall re- 
ceive a salary of six thousand dollars per annum, 
and, in addition thereto, shall be reimbursed for all 
necessary expenses of travel which may be incurred 
in the discharge of the duties of their offices. The 
other members of the State Forest Commission ihall 
serve without salary, but shall be reimbursed for all 
necessary expenses incurred by them in the perfor- 
mance of the duties of their office. 

Section 5. The Commissioner of Forestry shall 
have an office at the State Capitol, and it shall be 
the duty of the Board of Commissioners of Public 
Grounds and Buildings to provide, from time to time, 
the necessary rooms, furniture, apparatus and supplies 
for the use of the Department of Forestry created 
under the provisions of this act. 

Section 6. (Obsolete.) 

Section 7. The purchase money for lands acquired 
and ail expences that may be incurred, except the 
salaries of the Commissioner of Forestry and his 
clerk, shall be paid by the State Treasurer out of 
any moneys in the Treasury not otherwise appropri- 
ated, on warrent of the Auditor General, upon vou- 
chers duly approved by resolution of the Forestry 
Reservation Commission and the Governor of the 
Commonwealth. 

Section 8. The title of all lands acquired by the 
Commonwealth for forestry reservations shnll be 
taken in the name of the Commonwealth and shall 
be held by the Commissioner of Forestry, and such 
lands shall not be subject to warrant, survey or pat- 
ent, under the laws of the Commonwealth author- 
izing the conveyance of vacant or unappropriated 
lands, and all such forestry reservation lands shall 
be exempt from taxation from the time of their ac- 
quisition. In all cases where lands have been pur- 
chased, or may hereafter be purchased by the Forestry 
Reservation Commission for forest rejeervations, 
where there are public roads, regularly established, 
running into or through said land, the Commissioner 
of Forestry, under such rules and regulations as the 
Forestry Reservation Commission is hereby author- 



FOREST LAWS. ^73. 



J- 4-rnAr>fTT May expend 
wt^A to adoDt may expend a sum not exceeding twenty- ^^^ 

five doHa^spe? mile hi each year for tbe mamtenaiice ^^^,^ roads. 
Repair or ex'ionsion of any such roads, and on roa^s 

bordering on reservations one4ialf of this rate p ^^^^^^^ 

mile may be expended. All expenses that /n^y /""f^ subject to 

b^ in^ur'i-ed shall be subject to the ^PProval of th ,^^,,,,1. 

of any leases or contracts relating to the disposition 
of mYnerals. as hereinbefore P;:«^;^^^^VnTe Tre.sto" 
immediatelv pay the same over to the State f measurer 
a^Tnart of the revenue of the Commonwealth The commis- 
as a pait oi ^"c i*- ^ T?nrp«trv shall eive his bond tc sioner of 
said Commissioner of b orestry «""" /Y'' / onnrovec' Forestry 
the Commonwealth, with two sureties to be approver ^^^^^^ 
by the Govenor, in the sum of ten thousand dollars ^^^^ ^^ 
for the faithful discharge of the duties imposed bj $io.ooo. 
this act and for the proper accountmg of any moneys 
to the Commonwealth that may come into his hands 
by virtue of his position as Commissioner of Forestry 
Section 10. as amended by act of M'^y ^J^^^^^.^ 
p L. —(Repeal ofi act of April ^^th, lUO^, 
P.* L 201, and act of July 21st, 1913,P. L. 864, and 
general repeal). 

Approved— The 25th day of February, A. D. 1901. 

WILLIAM A. STONE. 

Since the passage of ^^^^^l^^'^'^fl^i, 'tf kc?e f^r ^Vd 
P^ge 279. making « «f '\,f^^/^Jeld for fore^st reserves , the 
purposes against State lanas uem ^ ^ , larsroly 

18 and July 7, 1919, P- I^- '° ^^ '•"• 
18 



274 



FOREST LAWS, 



1901, p. L. 
119. 



When the 
Coimnis- 
sloner of 
Forestrj' 
may appoint 
detectives 
and employ 
attorneys. 



Expenses 
incurred. 



"Fines 
collected. 



When pay- 
ment to 
county -com- 
missioners 
may be re- 
fused. 



POWERS WHEN COUNTY COMMISSIONERS 
FAIL TO ACT. 

An act for the better protection of timber lands 
against fire, and providing for the expenses of the 
same, and directing what shall be done with the 
fines collected and costs paid 

Section 1. Be it enacted, &c. , That when the com- 
missioners of any county or counties fail to "appoint 
persons under oath, whose duty it shall be to ferret 
out and bring to punishment all persons or corpora- 
tions who oithor wilfully or otherwise cause the burn- 
ing of timber lands," within their respective counties 
as is provided for by the act of July 15th, 1897, 
or when they have appointed inefficient persons to 
do the work aforesaid ; the Commissioner of Forestry 
may, on the request of residents of a county in which 
such fires have been created, or on tlie request of 
the owner or owners of land which has been injured 
by the fires so created, appoint a detective or detec- 
tives, and employ an attorney or attorneys, to ferret 
out and bring to punishment, as aforesaid, those who 
cause the burning of timber lands ; and all expenses 
incurred by the Commissioner of Forestry under thf 
operation of this act shall be paid by the State Treas- 
urer, on wnrrent drawn by the Auditor General, if 
the said bills shall be approved by the Govenor anc* 
the Commissioner of Forestry ; and all the fines col- 
lected shall be paid by the magistrate or by order of 
the court to the Co.mmissioner of Forestry, and be 
paid by him to the Treasurer of the Commonweath. 

Section 2. When conviction is obtained, under the 
provisions of this act, of persons or corporations caus- 
ing the burning of timber lands, then the Auditor 
General, on the request of the Commissioner of 
Forestry, may refuse to pay the State's share of the 
money due to the county for the services of the per 
son or persons, appointed by the county commis- 
sioners, to ferret out and bring to punishment thosf 
who caused forest fires in the district where such 
persons served as fire detectives, to make arrests an<^ 
secure convictions, and for which conviction was ob- 
tained by the detectives appointed by the Commis- 
sioner of Forestry. 

Approved— The ^nd day of May, A. D. 1901. 

WILLIAM A. STONE. 



FOREST LAWS. 



275. 



/BOROUGHS PLANTING SHADE TREES. 

An act authorizing boroughs of this Commonwealth 
to require the planting of shade-trees along fhe 
public streets thereof, by the owners of abutting 
property in certain cases. 

Section 1. Be it enacted, &c., That the burgess 
and council of any borough of this Commonwealth 
upon the petition of a majority of tne property ownerf 
upon any public street thereof, may by ordinance 
require the planting and rephuiting of suitabK' shad*;- 
trees along and upon either side of any such street 
upon sncli nliginiioiit and at sncli i)oints ns mt.v by 
such ordinance be designated by the owner or owners 
of propt'il.N abutting the street at the points desig- 
nated ; and on failure of any such owner or owners 
after reasonable notice to comply with the terms of 
any such ordinances; the said authorities may cause 
such trees to he planted or replanted at the expense 
of the borough ; and thereupon, in the name of the 
borough, collect such expense from the owner or 
owners in d<>fault, as debts of like amount are by 
law collectible : Provided, That the said authorities 
shall not require the planting or replanting of trees 
at any point or points which may interfere with the 
necessary or reasonable use of any street or abutting 
property, or interfere unreasonably with any busines.s 
thereon conducted. 

Approved — The 17th day of June, A. D. 1901. 

WILLIAM A. STONE. 



1901, P. L. 
569. 



Boroughs 
may require- 
the plantirLgr 
of shade 
trees by 
abutting 
owners. 



276 



FOREST LAWS, 



PLANTING TREES ALONG ROADSIDES.* 

1901 P. L. -^^ act to encourage the planting of trees along the 
«10, roadsides of this Commonwealth, and providing a 

penalty for killing, removing or injuring the same; 
what disposition is to be jmade of mon«'ys collected 
as penalties, and for keeping a record by the su- 
pervisor of roads or boards of supervisors of roads 
of the trees so planted and upon which a tax abate- 
ment has been granted. 



Negligence 
etc. 



ProTiso. 



Fine 



Penalty. 



Note. — With the possible exception of a portion of section 5 
this act is rendei-ed Inoperative by the decision in Tubbs V. 
Tioga, 32 C. C. 504, and subsequent legislation. 

Section 5. Any person who shall cut down, kill 
or injure any living tree, planted or growing natu- 
rally as aforesaid, (that is, by the roadside), or who 
ncgrgcntly or carelessly suffers a horse or other do- 
mestic nnimjil, driven by or for hira, to injure any 
trees hereinbefore mention<»d, upon conviction thereof 
shall be subject to a penalty of not less than one dol- 
lar, nor more than five dollars, with costs of suit 
for eacli and every tree so cut down, killed, removed, 
or injured : Provided, That if the defendant or de- 
fendants neglect or refuse to pay at once the penalty 
so imposed and costs, or shall not enter sufficient bai' 
for the payment of tho same within ten days, he oi 
they shall be committed to the common jail of the 
county in which the offense was committed, for a 
period of not less than one day for each dollar of 
penalty imposed and cost^. 

Approved — The 2nd day of July, A. D. 1901. 

WILLIAM A. STONE. 



•See Act of June 7, 1911, page 300. 



FOREST LAWS. 



277 



ARRESTS BY FOREST EMPLOYES WITUOUT 

\VARRAx\T. 

An act conferring upon persons employed, under exist- 
ing laws, by the Commissioner of Forestry, for the 
protecting (►f State Forestry Reservations, after tak- 
ing the i)roper oath of office, the same powers as 
are by law conferred upon constables ami other 
peace officers; to arrest, without first procuring a 
warrant, persons reasonably susix'cted by them of 
offending against the laws protecting limber lands: 
also conferring upon them similar iM»wi>rs for the en- 
forcement of the laws and rules and regulations 
for the protection of the State Forestry Reserva- 
tions and for the protection of the ganc- and fish con- 
tained therein ; and further conferring upon th<^ra 
p( wer to convey said offenders into the [iro^ier legal 
custo<ly for punishment ; this act to apply only to 
offenses committed upon said reservations and lands 
adjacent thereto. 

Section 1. Be it enacted, &c., That the persons 
employed, under existing laws by the Commissioner 
of Kures(i-y, tor the iiroK ci loii of S jiie Forestry 
Reservations, shall, after taking the proper official 
oath before the clerk of the court of miarter s( smc»iis 
of any county of the Commonwealth, De vested with 
the same pMwm-s as are by existing laws conl^'erred 
upon constables and other peace ofiicers ; to arrest on 
view, without first procuring a warrant tlnreior, per- 
so!>s detected b\ them in th" vet of tr'-sp.-ivsii >g ir>on 
any forest or timber laud within this Commonwealth, 
uniler sui;h cireumstances as to warrant the leasoi- 
able susiiicion that such person or jjersons In-ne com- 
mitted, are committing, or are about to commit, some 
offense or offenses agninst any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber lands. Such officers shall likewise be 
vested with similar powers of arrest, in the c.tse of 
offenses against the laws or the rules and regulations 
enacted or to be enacted for the protection of tiie 
State Forestry Reservation, or for the i)roteetion of 
the fish and game contained therein: Provided. That 
the above mentioned rules and regulations sh.ill have 
been previously conspicuously posted upon the reser- 
vation. Said officers shall futher be empowered, and 
it shall be their duty immediately upon any such ar- 
rest, to take and convey the offender or offenders b- 
fore a justice of the peace or other magistrate having 



1903, P.Li. 
24. 



Employees of 
CommiKsioner 
of Forestry. 



Powers Tested 
In. 



Forest and 
timber land. 



State Forest- 
ry Reserva- 
tion. 
Proviso. 



278 



FOREST LAWS. 



Prorlso. 



Limitation. 



Repeal. 



jurisdiction, for hearing and trial, or other due pro- 
cess of law: Provided further, Tliat this act shall 
extend only to the case of offenses committed upon 
said Forestry Reservations and lands adjacent there- 
to ; and the powers herein conferred upon said offi- 
cers shall not be exercised beyond the limits thereof, 
except where necessary for the purposes of pursuing 
and arresting such offenders, or of conveying them 
into the proper legal custody, for punishment as afore- 
said. 

Section 2. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 

Approved— The 11th day of March, A. D. 1903. 

SAMUEL W. PENNYPACKER. 



1903 P. 
200. 



L. 



Commissioner 
of Forestry 
ajid the 
Forestry Res- 
erration Cont 
mission, 
empowered 
to i^ve 
certain privi- 
leges to 
Btreet rail- 
way compan- 
ies. 

Highways 
bordering on 
or within 
forest reser- 
Tations . 



CONSTRUCTION OF RAILWAY LINES OVER 
STATE FORESTS. 

An act to empower the Commission of Forestry and 
the Forestry Reservation Commission to give street 
railway companies the privilege to construct, main- 
tain and operate their lines of railway over, along 
and upon pitblic highways within or bordering on 
forest reservations owned by the Commonwealth. 

Section 1. Be it enacted, &c.. That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to street railway companies, duly incorporated under 
the laws of this Commonwealth, upon such terms and 
subject to such restrictions and regulations as said 
Commissioner and Commission may deem proper, the 
privilege to construct, maintain and operate their 
lines of railway over, along and upon public high- 
ways now laid out and in actual use, which lie within 
or border on any forest reservations now owned or 
hereafter to be acquired by the Commonwealth, when- 
ever in the judgment of the said Commissioner and 
Commission the interests of the Commonwealth in the 
said reservations shall be benefited thereby. 

Approved — The 15th day of April, A. D. 1903. 



SAMUEL W. PENNYPACKER. 



FOREST lAWS. 279 

MONT ALTO FOREST ACADEMY. 

An act directing the Commissioner of Forestry to 1903 p. L. 
erect buildings on the Mont Alto Reservation or to ^'^3. 
purchase land and buildings adjacent to the. said 
reservation, wherein to provide instruction in fores- 
try to prepare forest wardens for the proper care of 
the State Forestry Reservation lands and making 
an appropriation therefor. 

Section 1. Be it enacted, &c., That the Commis- Appropria- 
sioner of Forestry is hereby directed, under the ad- *^**^- 
vice of the State Forestry Reservation Commission, 
to purchase suitable buildings and land adjacent to 
the Mont Alto State Forestry Reservation or to erect 
buildings on said Reservation, at a cost not to ex- 
ceed six thousand dollars, and to establish and pro- 
vide therein and on said Reservation practical in- 
struction in forestry, to prepare forest wardens for 
the proper care of the State Forestry Reservation 
lands ; the said instruction not to cost a sum exceed- 
ing ten thousand dollars, for the two fical years 
ending June first, one thousand nine hundred and 
five; and the sum of sixteen thousand dollai'S, or so 
much thereof as may be necessary, is hereby appro- 
priated, out of moneys not otherwise ajspropriated for 
said purposes ; to be paid by warrant drawn by the ^ 

Auditor General upon resolution of the State Forestry 
Reservation Commission. 

Approved— The 13th day of May, A. D. 1903. 

SAMUEL W. PENNYPACKER. 



TAXES FOR ROADS AND SCHOOLS.* 

An act providing a fixed charge on lands acquired by ^^^^ ^- ^• 
the State for Forestry Reserves, and the distribu- 
tion of revenue, so derived, for school and roud 
purposes. 

Section 1. Be it enacted, &c., That from and after Forest 

the passage of this act, all lands acquired by the reserres. 
Commonwealth for forest reserves, and now exempt 

from taxation, shall be subject to an annual charge Annual 

of three cents per acre, for the benefit of the schools charge 

in the respective districts in which said reserve or against, 
reserves are located, and two cents per acre, for the 

♦See Act of May 13, 1909, page 29ft. 



280 



FOREST LAWS. 



Certificate 
&s to ntiTn- 
ber of acres, 
etc. 



PayTnent to 
school dis- 
tricts and 
townships . 



benefit of the roads in the township where said re- 
serve or reserves are located. 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts and townships 
throughout the Commonwealth, in which forest re- 
serve's are located, the number of acres owned by the 
Commonwealth in each district or township, upon ap- 
plication of the treasurer or road supervisors of any 
of the said districts or townships, and the charge 
against the same; and shall, furthermore, certify t» 
the State Treasurer tlie number of acres as aforesaid, 
and the charge against the same and in favor of the 
respective districts and townships. The State Treas- 
urer shall, upon the approval of the proper warrants 
of the Commissioner of Forestry, pay to the several 
school districts and townships the amounts due the 
same from the Commonwealth, and derived under this 
act, upcin due application therefor made by the treas- 
urers or road supervisors of the said districts and 
townships. 

Approved — Tlie 5th day of April, A. D. 1905. 

SAMUEL W. PENNYPACKER. 



1905, P. L. 
156. 



Forestry 
resenration. 



Privileges 
of borwn^ha 
and mtinici- 
pall ties. 



IVIUNICIPALITIES IMPOUNDING WATER ON 

STATE FORESTS. 

An act to empower the Commissioner of Forestry and 
the Forestry Reservation Commission to give to bor- 
oughs and other municipalities the privileges of 
impounding water on Forest Reservations owned 
by the Commonwealth, and of construing, main- 
taining and operating lines of pipes over jmd through 
the same for the purpose of conveying water there- 
from. 

Section 1. Be it enacted, &c., That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to boroughs and other municipalities of this Common- 
wealtli, upon such terms and subject to such restric- 
tions and regulations as said Commissioner and Com- 
mission deem proper, the privilege of impounding 
water upon any Forest Reservations, now owned or 
hereafter to be acquired by the Commonwealth, and 



FOREST lAWS. 



281 



of constructing, maintaining and operating lines of 

pipes upon and through said reservations, for the pur- pj-^.y^^ 

pose of conveying water therefrom, v^henever in the 

judgment of the said Commissioner and Commission 

it shall be to the public interest so to do. 

•Approved — ^The 14th day of April, A. D. 1905. 

SAMUEL W. PENNYPACKER. 



SHADE TREE COMMISSION FOR BOROUGHS, 

ETC.* 

An act to provide for the planting and care of shade- 
trees, on higliways of townships of the first class, 
boroughs, and cities of the Commonwealth of Penn- 
sylvania, and providing for the cost thereof. 

Section 1. Be it enacted, &c. , That in townships 
of the first class, boroughs, and cities of the Com- 
monwealth of Pennsylvania there may be appointed 
in the manner hereinafter provided a Commission of 
three freeholders, to be known and designated us the 
Shade-tree Commission of the said township, borough, 
or city, who shall serve without compensation, and 
who shall have exclusive and absolute custody and 
control of, and power to plant, set out, remove, maiu- 
tain, protect, and care for shade trees, on any of the 
public higliways of the said townships, boroughs, and 
cities, the cost thereof to be provided for in the man- 
ner hereinafter stated: Provided, That in townships, 
boroughs, or cities in which a Commissioji for the 
care of public parks shall have been created, said Com- 
mission shcill, upon the acceptance of this act as pro- 
vided in section two, be charged with the duties of 
the Commission as above provided, and shall, for that 
purpose be possessed of all the power herein men- 
tioned and granted. 

Section 2. The commissioners of any township of 
the first class, or the councils of any borough or city. 



1907 p. Li. 
349. 



Shade tree 
Commission., 



Proviso. 



Existing" 
park -com- 
mission. 



♦This act has been modified by the new borough and city 
codes. 



282 



FOREST LAWS 



Acceptance 
of this act. 



Terms of 
Commission- 
ers. 



Appoint- 
ments. 

ProTiso. 



Semi-annual 
report. 

PtotIso. 



Tree-plant- 
ing, etc. 



Notice shall 
be published. 



in the State of Pennsylvania, may, by majority vote 
in the case of the commissioners, or by joint resolu- 
tion in the case of the councils, accept the provisions 
of this act, and when such majority vote or joint 
resolution shall have been duly passed and approved, 
and such Shado-troe Commissioners appointed, or, in 
their stead, the duties and powers herein provided 
have been devolved upon an existing park commission, 
then, from that time and in that event, this act and 
all its provisions shall be in full force and application 
in such township of the first class, borough, or city, 
so accepting ; and such commissioners shall be ap- 
pointed, for terms of three, four and five years, re- 
spectively, and, on the expiration of any term, the 
new appointment shall be for five years, and any 
vacancies shall be filled for the unexpired term only ; 
and in townships of the first class the said appoint- 
ment shall be made by the commissioners thereof; and 
in boroughs, by the chief burgess, and in cities by the 
mayor thereof: Provided, That in cities where a 
Commission exists for the care of public parks, the 
term and appointment of such Coimmission shall not 
be changed by this act, but shall be and remain as 
provided by the act of Assembly, and by the ordi- 
nance of councils creating such Commission for the 
care and maintenance of public parks. And such 
Shade-tree Commission shall, twice in every year^ 
report in full its transactions and expenditures for 
the municipal fiscal year then last ended, to the au- 
thority under and by which it was appointed : Pro- 
vided, That an existing park commission, acting under 
this enactment, may embody its report jn its regular 
report to the councils, as by law or ordinance pro- 
vided. 

Section 3. That when such shade-tree commission- 
ers, or park commissioners so acting, shall propose 
the setting out or planting or removing of any shade 
trees, or the material changing of the same in any 
higliway, they shall give public notice of the time and 
place appointed for the meeting at which such con- 
templated work is to be considered, specifying in de- 
tail the highways, or portion thereof, upon which trees 
ar^ proposed to be planted, removed, or changed, in 
•ne or more — not exceeding two in all — of the news- 
papers published in said township, borough, or city, 
once each week for at least two weeks, prior to the 
date of said meeting. 



FOREST LAWS. 283 

Section 4. The cost of planting, transplanting, of Cost of 
removing any trees. in any highways, and of suitable P\^'^*^'j^' ^., 
guards, curbing, or grading for the protection thereof, transplanting, 
when necessary, and of the proper replacing of ai^y 
pavement or sidewalk necessarily disturbed in tlie 
doing of such work, shall be borne by the owner of 
the real estate in front of which such trers are 
planted, set out, or removed; and the cost thereof as 
to each tract of real estate shall bo certified by the Certificates, 
commissioner to the township commissioners, or to the 
presidents of the councils in boroiiglis and cities, and 
also to the person having charge of the collection of 
taxes for the said township, borough, or city; aiid 
upon the filing of said certificates, the amount of the 
cost of such improvement, of which notice shall also 
be given to each property owner involved, accompanied 
with a copy of the aforesaid certificate, together with 
« notice of the time and place for payment, shall be 
and become a lien upon said real estate, in front of Lien, 
which said trees have been planted, set out, or re- 
moved ; said lien to be collectable, if not paid in ac- 
cordance with notice as herein provided, in the saive 
manner as other liens for taxes are now collectible 
against the property involved. 

Section 5. The cost and expense of caring for said Cost of car© 
trees after having been planted or set out, and the J."^ pubiica- 
expense of publishing the notices provided for in sec- 
tion three, shall be borne and paid for by a general 
tax, to be levied annually in the manner that taxes 
for township, borough, and city purposes are now 
levied in such townships of the first cl."ss, boroughs, 
or cities; such tax not to exceed the sum of one-tenth ^ax. 
of one mill on the dollar on the assessed valuation of 
the property in such townships of the first chiss, bor- 
oughs, or cities; and the needed amount shall each 
year, in due 'time, be certified by the shade-tree com- 
missioners to the proper authorities charged with the 
assessment of taxes in said townships, boroughs, or 
cities, to be assessed and paid, as otln^r taxes are as- 
sessed and paid, and to be drawn against as required 
by said commissioners, in the same manner as moneys 
appropriated for township, borough, or city purposes 
are now drawn against in said townships, boroughs or 
cities: Provided, That the commissions of any town- ProTUo. 
ship of the first class and the councils of any borough 
or city, accepting the provisions of this act, may pro- 
vide for the expense of the maintenance of trees on 



284 



FOREST LAWS. 



Appropri- 
ation. 

Buperintend- 
ent, engineer, 
wardens, etc . 



Regulations. 



Fine and 
penalties . 



Liens. 



Disposition 
of fines, etc. 



Bepeal . 



highways, in accordance with the provisions of this 
section by actual appropriafon. equal to the amount 
certifi'd to be re(]uire(1 by tho sjiid Commission, in 
lieu of the specific assessment above authorized. 

Sf'Otioii G. Tilt' (^)mmis^sio^ . m.der w hi. h the pro- 
visions of this act shnll be carried out, in ai;y town- 
ship of the first class, borough, or city, j^hall have 
power to employ and pay such superintendents, en- 
gineers, foresters, tree-wardens, or other assistants, 
as the proper performance of the duties devolving 
upon it shall require; and to make, publish and en- 
force regulations for the care of, and to prevent in- 
jury to, the trees on the highways of any townships, 
borough, or city accepting the provisions of this :ict; 
and to assess suitable fines and penalties for violations 
•f this act, provided such regulations shall have been 
published at least twice in one or more, not exce<'ding 
two, Jiewspapers of the township, borough, or city, 
involved, after having been submitted to and being 
approved by the commissioners of the township of the 
first class, or the councils of the borough or city 
affected; and such fines and penalties, so assessed for 
violations of this act, shall become liens upon the real 
property of the offender, and be collectible by the con- 
stituted authorities, as liens for taxes upon real prop- 
erty are now collected. 

Section 7. All the moneys due and collected from 
fines or penalties or assessments, in conseciuence of 
the acts of said Shade-tree Commission in enforcing 
this act. shall be paid to the treasurers of the town- 
ships, boroughs, and cities accepting its provisions, 
and shall be placed to the credit of said commission, 
subject to be drawn upon by the said commission for 
the purposes of this act. 

Section 8, All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This act shall take effect immediately 
but its provisio'!S shall not be and become binding 
upon any township, borough, or city until it has .been 
duly accepted, as provided in section two. 



Approved— The 31st day of May, A. D. 1907. 



EDWIN S. STUART. 



FOREST LAWS. 



285 



PREVENTING FIRES ON OIL AND GAS WELL 
LANDS. 

An act establishing precautionary regulations to pre- 
vent forest fires on lands in which oil-wells and 
gas-wells are situated, and diminish danger there- 
from ; making certain violations thereof misdemean- 
ors, and prescribing punishment for the same, a?!d 
in other cases jiffixing penalties and declaring liabil- 
ities for damages. 

Section 1. Be it enacted, &c., That fallows, stumps, 
logs, brush, dry grass, fallen timber, or tree-tops shall 
not to bi' burned in any forest lands of this Common- 
wealth, in which there are producing oil-wells or g;js- 
wells, or rigs erected for drilling sucli wells, from the 
first day of April in each year to the twentieth day of 
May next ensmng, nor from the tenth day of Septem- 
ber in each year to the tenth day of November, ensu- 
ing. Excepting during the periods aforesaid, fires may 
bo set in such lands upon the following conditions : 
First, that written permission thereto, tc the fire-war- 
den of the proper township, shall first be obtained ; sec- 
ond, said fire-wai"den shall be personally i)r(s<'nt when 
such fire is started ; third, such fire sh-sll not ho start- 
ed during a strong wind, nor without sufficient help to 
control the same at all times; fourth, such fire sh.ill 
be watched and guarded, by the person by whom it is 
started, until it is extinguished. No fires shall be set, 
or allowed to burn, in said lands, excepting upon com- 
pliance with the conditions aforesaid. Any person 
violating any provisions of this section shall be deemed 
guilty of a misdemeanor; and, upon being convicted 
thereof before any alderman or m.igistrate, shall he 
fined by the said alderman or magistrate, — for the 
first offense, in the sum not less than ten dollars or 
more than twenty dollars, and for the second, and 
every subsequent offense, in the sum not less thnn 
twenty nor exceeding one hundred dollars, to b- p lid 
to the county wherein such offense may be committed ; 
and if said fine or penalty and the costs of the pro- 
ceedings be not paid, then said alderman or magis- 
trate shall commit said offender to the county jail, 
there to remain until discharged by due course of law : 
Provided, That when the fine imposed exceeds the sum 
of twenty dollars, the party complained against may 
appeal from the decisiob of said alderman or magis- 



1907 P. L. 

527. 



Forest fires, 
regnlationfl to 

prevent. 

Lands upon 
which are 
oil and gaa 
wells . 
When fires 
may not be 
started. 

When fires 
may be start- 
ed. 



Conditions . 



Violations . 



Misdemeanor. 
Fine. 



Oommitmrait* 
Proysio. 
Appeal . 



'286 



FOREST LAWS, 



Ball. 



Annual 
•clearance of 
lands of in- 
ilamuiahle 
nmterial . 



Duties of 
railroad 
•companies . 



Spark ar- 
resters . 



trate to the pourt of quarter sessions up«n his enter- 
ing bail, in the nature of a recognizance, in the usual 
manner, for his appearance at said court, where the 
off(>nse shall be prosecuted in the same manner as is 
now directed by law in other cases of misdemeanor. 

Section 2. Any owner or lessee of any forest lands, 
or owner of trees growing upon said lands, or any 
person in charge of the premises upon which lands 
there are producing oil-wells or gas-wells, or rigs 
erected for drilling such wells, shall, at lonst once in 
each year, cause to be removed from said lands all 
brush, tree-tops and branches of trees, which such 
owner, lesse(>, or other person in charge of the 
premises, may have cut or felled thereon, within one 
hundred feet, respectively, of all such wells or rigs; 
and shall, at least once in the year, cause to be 
removed from said land all grass, brush, tree-tops, and 
branches of ti-ees, and otln^r inflammable material, 
within one hundred feet of the right of way of any 
railroad company operating thereon ; to the end that 
during the spring and autumn season, as defined in 
the first section of this act, the said area shall be 
free and clear of such inflammable material. In case 
any p(*rson, partenership, or corporation shall neglect 
to perform the duty imposed by this s(>ction, the same 
shall b<» liable to a penalty of fifty dollars for failure, 
in any instance, to comply with the duty imposed by 
this section ; to be paid to the county where the offense 
may be committed, recoverable in an action ^ of as- 
sumpsit, in which the county wherein such violation 
occur shall be the plaintiff. 

Section 3. Every railroad company shall, on such 
part of its road as passes through forest land on 
which there are producing oil-wells or gas wells, or 
rigs erected for drilling such wells, cut and remove 
from its right of way through said lands, at least 
once a year, all grass, brush and other inflammable 
materials; employing, in the seasons defined in the 
first section of this act, sufficient trackmen to prompt- 
ly put out fires on its right of way ; provide locomo- 
tives thereon with steel netting or iron wire on the 
smokestacks or other efficient spark-arresters, to pre- 
vent the escape of fire or sparks, and adequate de- 
vices to prevent the escape of fire from asli-pans and 
furnaces, and the same shaH be used by every engi- 
neer and fireman on such part of its road. No rail- 



FOREST LAWS. 287 

road company, or employe thereof, shall deposit fire, Fires. 
coals or ashes on its track or right of way near such 
lands. In case of fire on its own or neighboring lands, 
within one hundred feet of its tracks, the railroad 
company shall use all practicable means to put it out. Violations. 
In case of any violation of the provisions of this sec- 
tion, such railroad company shall be answerable to 
the owner or owners of any property destroyed or in- 
jured by fire in conseqence of such violation ; and 
said company shall further be liable to a penalty of Penalty, 
one hundred dollars for such violation, to be paid to 
the county wherein the violation may occur, recover- 
able in an action of assumpsit in which the county 
wherein such violation occurs shall be the plaintiff. 

Approved— The 12th day of June, A. D. 1907. 

EDWIN S. STUART. 



PROTECTION OF TREES BY ROADSIDES. 

An act to protect trees growing by the roadsides and 1909, p. L. 
within the road limits; and providing a penalty ^^ ' 
for the unlawful killing, the removal of, or injury 
to the same. 

Section 1. Be it enacted, &c.. That where any Trees within 
public highway in this Commonwealth passes through highway 
or along forested lands, wild lands, or uncultivated"^™**'- 
lands, no trees growing within the limits of the said Forested or 
highway, at a distance beyond fifteen feet on either imcxiltiTated 
side of the center-line of said highway, which shall ^^^^^• 
measure four inches or over in diameter at a point 
two feet from the surface of the ground, shall be cut . 

down or destroyed by the commissioners, supervisors, teen^^eet 
or road-masters employed by them, or any other per- from center 
son, without first obtaining the consent of the abutting line of road, 
owners. If any board of commissioners or super- 
visors dec^m the removal of any such trees, beyond 
said limits of fifteen feet on each side of the centre- 
line of said highway, necessary for the improvement 
of the road, and the consent of the abutting property n <, t f 
owners cannot be obtained, the board of commissioners abutWng** 
©r supervisors may appeal the matter to the judge of owner, 
the court of the proper district ; who is hereby directed 



288 
Appeal. 

Hearing . 
Order . 

ProTiBO . 

Bruath, etc . 
ProTlflO . 



"CultiTated 
lands. 



Catting 
sliall be nec- 
■««8ary . 

Notice to 
*butting 
OTmers . 



Appeal. 
Decision . 



liOgs, cord- 
"wood,etc. 



FOREST LAWS . 

to examine and inquire into all such subjects of dis- 
pute which may be referred to him, and, having doe 
regard for the demand of road improvement as well 
as for the preservation of the trees, shall, after hear- 
ing all parties in interest, make such order in respect 
thereof as to him shjill appear reasonable, equitable, 
and just ; and from whose decision there shall be no 
appeal: Provided, That the commissioners or super- 
visors shall at all times have the right to clear out 
brush and other refuse from along the sides of the 
road, to the legal width thereof: And provided further. 
That all such clearing and removal of brush and refuse 
shall be confined to growth that is under the limit 
hereinabove described, and to the removal of branches 
that in any way interfere with public travel : and that 
no other injury, by fire, cutting, abrasion, or other- 
wise, shall be done to the standing timber. 

Section 2. Whenever any public highway running 
through improved or cultivated lands, in this Common- 
wealth, has been opened, and there shall be growing 
along the roadsides, and within the road limits, shrubs 
or trees not in terf erring with public travel, no board 
of supervisors or road-masters or other persons in 
their employ, shall remove, cut, injure, or destroy or 
in any other manner interfere with, such shrubs or 
trees, unless said removtil for cutting sliall be abso- 
lutely necessary for the purpose of raaintaing the 
highway at its Ijest and highest efficiency; and, then, 
not until the abutting property owners shall have re- 
ceived notice thereof, and an agreement shall have 
been entered into between the local highway authori- 
ties and the abutting property owners relating to the 
removal, cutting, or interference with said trees. If 
the said parties shall be unable to arrive at an agree- 
ment in respect thereto, the same shall be referred 
to a judge of the proper court, as aforesaid. Said 
judge shall examine and inquire into the subject of 
controversy, and, in like manner, render his decision, 
as provided for in section one of this act; and from 
which decision there shall be no appeal. 

Section 3. All logs, cordwood, branch wood, or 
other forms of wood, which shall be derived from the 
destruction or removal of any trees growing along the 
public highways of this Commonwealth, as aforesaid, 
shall be surrendered to, and remain the property of, 
the respective abutting owners. 



FOREST LAWS, 



289 



Section 4. Nothing in this act shall be so construed 
as to prevent the local highway authorities, anywhere 
in this Commonwealth, from removing such roadside 
trees which may be thrown down by the wind, or 
lodged in such position as to be a menace to public 
travel, or which, by reason of any other cause, become 
a source of danger to the public and ought to be 
removed ; but every such act of removal on the part 
of the highway authorities shall always be made with 
due regard to the circumstances in such case, so as 
to preserve the true intent and purpose of this act. 

Section 5. The term "highway authorities" in this 
act shall be construed to mean any person who, by 
law shall be vested with the power to deal in any 
manner with the public highways of this Common- 
wealth, and shall include the officials of the State 
Highway Department, supervisors, road-masters, and 
all persons employed by them in any capacity, or who 
exercise any authority over said roads or highways. 

Section 6. If any commissioner, supsTvisor, road- 
master, or person in their employ, or any other per- 
son, shall cut down; kill, or injure any living tree, 
growing as aforesaid, and of a size four inches in 
diameter, or greater, at a point two feet from the sur- 
face of the ground, or shall violate any other provi- 
sion of this act, he shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be subject to a 
penalty of not more than five dollars for every tree 
so cut, injured, or destroyed, with costs of suit; to be 
recovered in an appropriate action to be brought be- 
fore any magistrate, alderman, or justice of the peace 
of the county wherein the said offense was committed, 
who, upon affidavit of any person, duly presented, is 
hereby authorized and directed to issue his warrant 
to any person empowered to make arrests, directing 
him to arrest the person so charged. The said magis- 
trate, alderman, or justice of the peace shall, there- 
upon, proceed to hoar both the complainant and the 
defendant and their witnesses, and shall forthwith de- 
cide as to him .shall appear to be just and right. If 
any defendant upon conviction for any offense shall 
fail or refuse to pay the fine and costs which may 
be imposed upon him, or shall not give bond with 
approved surety to pay the same within ten days, 
he shall be committed to the jail of the county wherein 
1© 



Windfalls, 

etc. 

Menace to 
travel. 



' 'Highway 

authorities" 

construed 



Violations. 



Misdemeanor. 
Fine. 



Hearing. 



Commitment. 



290 



FOREST LAWS. 



the offense was committed, there to remain for a 
period not to exceed thirty days, or until he shall, 
in the meantime, have paid the said fine and costs 
Repeal. in full. 

Section 7. All acts or parts of acts in conflict here- 
with be and the same are hereby repealed. 

Approved — The 1st day of April, A. D. 1909. 

EDWIN S. STUART. 



1909, P. li. 
124. 



Whereas . 



Whereas . 



Municipal 
Forest* 



Acquirement 
find holding 
of. 



Size and 
location . 



MUNICIPAL FOREST LAW. 

An act to permit the acquisition of forest or other 
suitable lands by municipalities for tlie purpose of 
establishing municipal forests ; and providing for 
the administration, maintenance, protection, and de- 
velopment of such forests. 

Whereas, It has been demonstrated by time and ex- 
perience in the countries of continental Europe that 
properly managed municipal forests have proved to be 
important sources of municipal revenue, tending great- 
ly to reduce the burden of municipal taxation ; 
and 

Whereas, Many of the townships, boroughs, and 
cities of this Commonwealth are so located that it 
would be proper and exp(>dient for them to possess 
tracts of land to be used for the purposes of municipal 
forests, in many instances conser\ir.g and protecting 
the water supply and promoting the hoalthfulnrss of 
said municipality, and capable, as well, of yielding 
revenue applicable to the purposes of such municipali- 
ties ; therefore : — 

Section 1. Be it enacted, &c.. That all townships 
of the first class, boroughs, and cities of this Com- 
monwealth are hereby empowered to acquiie, by pur- 
chase, gift, or lease, and hold as the oroperty of the 
municipality, tracts of lands at present covered with 
forest or tree growth, or suitable for the growth of 
trees, and to administer the same, under the direction 
of the Commissioner of Forestry of the Commonwealth 
of Pennsylvania, in accordance with the practices and 
principles of scientific forestry, for the benefit and 
advantage of the said municipalities. Such tracts may 
be of any size suitable fof the purpose, and may be 



FOREST LAWS. 



291 



located either within, adjacent to, or at a distance 
from the corporate limits of tlie municipility purchas- 
ing the same: Provided, That it shall be requisite 
for the commissioners, burgess, or mayor of any mu- 
nicipality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and secure 
his approval of, the area and location of any lands 
proposed to be acquired for the purposes of municipal 
forests, previous to tlie passage of the ordinance pro- 
vided for in section two. 

Section 2. Whenever the township commissioners 
of any township of the first class, or the Councils of 
any borough or city, shall deem it expedient for the 
municip.ality to acquire any such la'uls for the pur- 
poses of a municipal forest, they shall so declare in 
an ordinance, wherein shall be set forth all facts and 
conditions relating to the proposed action ; whicli said 
proposed ordinance prior to its passage sliall be duly 
advertised once a week for three weeks and after its 
passage and approval in accordance with existing law. 
All money necessary for the purchase of such tracts 
shall be 'appropriated in lik-^ manner as is now done, 
under existing law, for municipal purposes; and such 
funds may be provided out of current revenue, or by 
the proceeds of a sale of bonds, in accordance with 
existing law. 

Section 3. Upon the acquisition of any municipal 
forests or of lands suitable for such, under this act 
the proper authorities shall notify the Commissioner 
of Forestry, who shall make sTich rules for the govern- 
ment and proper administration of the same as may 
be necessary. The municipal authorities shall there- 
upon publish such rules, declare the uses of the forests 
in accord with the true intent of this act, and make 
such provision for its administration, maintenance, 
protection, and development as shall be necessary or 
expedient. 

Section 4. All moneys necessary to be expended, 
from time to time, for the administration, mainten- 
ance, protection, and development of said forest, shall 
be appropriated and applied as is now doiie, under 
existing law, for municipal purposes; and all revenue 
and emoluments arising from said forest shall be paid 
into the municipal treasury, to be used for general 
municipal purposes. 



ProTiso . 



Approval of 
Commissioner 



Ordinance. 



Facts and 
conditions . 

Advertise- 
ments . 



Appropriatiop 
Bonds. 



Acquisition 
of forest 
or land. 

Kules . 



Publication 
of. 



Maintenance, 
etc. 



IlevenTie8,ete» 



292 



FOREST LAWS. 



Parks. 



Municipal . 
Rerenue . 

Alienation . 



Popular Tote. 



Section 5. The municipal forest may be used by 
the people for general outing or recreation grounds, 
subject to the rules governing its ndniTiisf'ntio'i for 
idea shall be the sale of forest, in which the major 
idea shall be the sale of forest products for producing 
a continuing nninicipal rexenuc. 

Section 6. Tlie alienation of a mu!iicii>al forest, or 
any pnrt thereof, sliall be made OTily ij) the manner 
prescribed herein for the purchase of tlie same ; to 
wit, by ordinance dnly advertised before and after 
passage, but such ordinance shall not be effective in 
legalizing such alienation until after it shall have been 
approved by a majority vote of the people at the next 
ensuing election. 

Approved— The 22d day of April, A. D. 1909. 



EDWIN S. STUART. 



1009 P, 
413. 



GRANTING TITLE TO VACANT LANDS FOR 
FOREST PURPOSES. 

L* An act relating to the granting of titles by the Com- 
monwealth of Pennsylvania to vacant or unnp])ro- 
priated land, the price to be paid for th" s.-ime. the 
conveyance to the State Forestry Reservation Com- 
mission, where desirable for forest culture or forest 
preservation, preventing the granting of warrants 
for the beds of navigable rivers, nnd provi<ling for 
acceptance of returns of surveys without limitation 
as to excess or surplus. 

Section 1. Pe it enacted, &c. , That whenever an 
application shall be made to the Seoretarv of Internal 
Affairs for any vacant or unappropriated Innd of any 
kind or description whatsoever, it shall be the duty 
of the Secretary of Internal Affairs to make or cause 
to be made a careful investigntion concerning the land 
applied for in said application, with a view of de- 
termining, so far as practicable, whether any office 
rights have heretofore been granted for the land de- 
scribed in said application ; and he may also, at his 
Surrey. discretion, cnuse a survey to be made thereof, to as- 

certain whether such land is vacant or unappropri- 



Lands vacant 
or luiappro- 
priated 



Duty of 
Secretary of 
Internal 
Affairs. 



FOREST LAWS. 



293 



ated and if it shall be found that the land described 
in said application has heretofore been appropriated, 
or that it is not vacant or unappropriat(»d land, he 
shall make a report to that effect, which report, to- 
geth(!r with ethers relating to the proceedings in the 
case, shall be filed among the records of the Land 
Office, and shall be conclusive as to the (luestion of 
vacancy: Provided, however, That the applicant shall 
be entitled to an appeal to the Board of Property 
under such rules as said Board of Property may adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or unap- 
propriated, it shall be the duty of the Governor of 
the (^ominonwealth, the Attorney General, the Secre- 
tary of the Common w<>alth, and the Secretary of In- 
ternal Affairs to apix)int three disinterested reputable 
persons to estimate and value the land so applied for 
who shall, before they enter upon the duties of their 
appointment, take an oath or affirmation, before a 
justice of the peace or other officer having authority 
to administer an oath, that they will justly estimate 
and a true valuation per acre make of all the land 
contained in the tract applied for; and, also, they 
shall state that they are not directly or indirectly in- 
terested in the application for the land applied for. 

The persons thus appointed and sworn or affirmed 
shall proceed to value the land by going on the same, 
and, having regard to the soil, timber, fisheries, min- 
erals, other advantages, and the local situation tliereof, 
and. having agreed upon the valuation per acre of the 
land so applied for, shall certify the same, under their 
hands, directed to the Secretary of Internal Affairs; 
and in case they refuse or neglect to perform any of 
their duties as aforesaid, within ninety days from the 
date of their appoint^ment, then said appointment shall 
become null and void : and it shall be the duty of the 
Governor of the Commonwealth, the Attorney General, 
the Secretary of the Commonwealth, and the Secretary 
of Internal Affairs to appoint three other persons to 
estimate the lands, as hereinbefore provided. Upon 
the receipt of the report of the appraisers, the Secre- 
tary of Internal Affairs shall notify the applicant of 
the value given to the land so applied for, and shall 
request payment of the amount due the State by virtue 
of such appraisement, and until such payment is made, 
according to the price fixed by the said appraisers and 
within the time hereinafter specified the Secretary 



Ecport. 

Proviso. 
Appeal, 

Appraisew, 



ValTiatlon . 



Certificate 
of ralue . 



In case of 
refusal or 
neglect. 



Other ap- 
praisers . 

Report. 



Request for 
payment . 



^M 



FOREST LAWS. 



Titles. 



PtotIbo. 

State For- 
estry Reser- 
ration Com- 
mliislon . 
iriiall hare 
notice. 



Report. 



Wajrant and 
patent. 



Non-payment 
of ralnation. 



of Internal Affairs shall withold the granting of the 
warrant. 

If payment is made in accordance with such ap- 
praisement, the money so paid shall be ijmmodiately 
turned into the State Treasury, and the Secretary of 
Internal Affairs shall grant title to the applicant for 
tlie land so applied for and appraised, in the manner 
now provided by law, and the expenses incident to 
the investigation, survey, and appraisement shall be 
paid by the Commonwealth : Provided further, That 
before appraisers shall be appointed as herein stipu- 
lated it shall be the duty of the Secretary of Internal 
Affairs to submit to the State Forestry Reservation 
Commission a copy of the application made for said 
vacant or unappropriated laud, together with a de- 
scription thereof as ascertained through, said investiga- 
ti(m and survey ; whereupon it shall be the duty of 
the said State Forestry Reservation Commission to 
determine whether it is desirable or practicable that 
such vacant or unappropriated land should be acquired 
for forest culture or forest reservation : and said State 
Forestry Reservation Commission shall, within the 
period of two months, jmake report to tlie Secretary 
of Internal Affairs as to the desirability or practic- 
ability of securing such vacant or unappropriated land 
for forest culture or forest reservation, and if in said 
report a request shall be made for the conveyance of 
such vacant or unappropriated land to the State For- 
estry Reservation Commission, it shall be the duty of 
the Secretary of Internal Affairs to grant a warrant 
and patent, according to the usual custom of the Land 
Office Bureau, conveying such vacant or unappro- 
priated land to the State Forestry Commission,with- 
out the payment of any purchase money, interest, or 
fees. 

Section 2. That whenever such vacant or unappro- 
priated land shall not be conveyed to the State For- 
estry Reservation Commission, as provided in the first 
section of this act, it shall be the duty of the person 
or persons making application, as aforesaid, for such 
land, to pay the amount of money as fixed by the 
appraisement into the office of the Departjment of In- 
tem.Tl Affairs within three months from the date of 
the filing of the report of the appraisers in the De- 
partment of Internal Affairs, due notice of which shall 
be mailed to the applicant by the Secretary of Inter- 
nal Affairs ; and if such applicant shall not make 



FOREST liAWS. 



285 



payment within the time specified, he shall be deemed 
to ha\e abaudoned the purpose of securing a grant 
from the Commouwealth for the land so applied for 
and appraised, and such vacant or unappropriated 
land may then be disposed of to any applicant there- 
for, on the payment of the price as fixed by the report 
or the appraisers as hereinbefore provided : Provided 
however, That in cases where caveats are filed and 
pending before the Board of Property, the tijme shall 
be extended to cover their determination by that 
board. 

Section 3. That on and after the passage of this 
act, there shall be no warrants or other office rights 
granted in any of the counties of the Commonwealth 
for lands in the beds of navigable rivers, or in beds 
of streams which are by law declared public highways. 
Section 4. That whenever the State Forestry Reser- 
vation Commission shall apply for vacant or unappro- 
priated land for forest culture or forest reservation, 
the Secretary of Internal Affairs is hereby authorized 
to grant title to such applied for lands in the manner 
provided by law, without the payment of purchase 
money, interest, or fees. 

Section 5. This act shall not be construed to affect 
any pre-emption rights which may have been acquired 
under existing laws, or the right of any person who 
may have an application for vacant land pending with 
the Secretary of Internal Affairs, of the date of the 
approval of this act. 

Section 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any and 
all surveys, regularly made and returned to the De- 
partment of Internal Affairs, in pursuance of any 
warrant, location, actual settlement, or order of sur- 
vey, without limitation as to the quantity of excess 
or surplus over the amount specified in the warrant 
or application: Provided, That the purchas^e money 
and interest on such excess be paid into the State 
Treasury at the rate stipulated in the warrant, or as 
otherwise required by law, piior to the acceptance of 
the return and survey and issuance of a patent there- 
on : And provided further, That no acceptance of a 
return of survey shall, in any case, prejudice or affect 
the right or title of any other person in or to such 
excess or surplus land by virtue of a prior warrant, 
location, actual settlement, or order of survey thereon. 



PrOTlBO. 



Beds of 
narlgable 
rivers, etc. 



Application 
of Forestry 
CommlBslon. 



Pre-emption 

rights. 



Surveyg. 



Excess or 
snrplas . 

ProTlso . 
Payment ol 
purchase 
money . 



Prior war- 
rant, etc. 



206 



Act of 
March 28, 
1905, cited 
for repeal. 



Repeal. 



FOREST LAWS. 

Section 7. The act of Assembly, entitled "An act 
relating to the granting of titles by the Common- 
wealth to vacant or unappropriated land, the price to 
be paid for the same, the conveyance to the State For- 
estry Reservation Commission where desirablo for 
forest culture or forest preservation, and preventing 
the granting of warrants for the beds of navigable 
rivers," approved the twenty-eighth day of March, 
Anno Domini one thousand nine hundred and five, is 
hereby repealed; and all other acts, or parts of acts 
inconsistent with the provisions of this act, are also 
hereby repealed. 

Approved— The 3d day ©f May, A. D. 1909. 

EDWIN S. STUART. 



! 



1909, P. L. 
744. 



Annual 
charge. 



Bow pay- 
able. 



TAXES FOR SCHOOL PURPOSES. 

An act providing a fixed charge on lands acquired by 
the State for forest reserves, and the distribution o* 
the same for school purposes in the townships and 
boroughs wherein State reserves are located. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, all lands now acquired or here- 
after to be acquired by the Commonwealth for forest 
reserves, and which by existing laws are now exempt 
from taxation, shall be subject to an annual charge of 
two cents per acre for the benefit of the schools in 
the respective districts in \vhich said reserves are 
located : Provided , That no school district shall be 
entitled to receive any sum of money from the State, 
under this act, unless said school district shall levy 
and collect a tax, for the support of its schools, of not 
less than four mills on the dollar of tlie assessed valua- 
tion in said school district. 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts throughout the 
Commonwealth in which forest reserves arc located, 
and to the State Treasurer, the number of acres own- 
ed by the Commonwealth therein, for forest reserve 
purposes, and the amount of the charge in favor of 
each district. The Commissioner of Forestry shall 
draw his warrant in favor of the treasurer of each 
said school districts, which said warrants, after the 



FOREST LAWS. 297 

approval and counter signature of the Auditor Gener- 
al of the Commonwealth, shall be paid by the State 
Treasurer to the respective school districts in whose 
favor the same may be so drawn ; and the sum of 
forty tliousand dollars, or so much thereof as may 
be necessary, be and the same is hereby specifically 
appropriated, for the purposes of this act, for the 
two fiscal years beginning June first, one thousand 
nine hundred and nine. 

Section 3. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved— The 13th day of May, A. D. 1909. 

EDWIN S. STUART. 



SETTING FIRE TO FORESTS. 

An actto protect the State Forest Reserves, and pro- 1911 p. i^, 
viding punishment for the violation thereof. 163.' 

Section 1. Be it enacted, &c., That if any person Forest 
shall wilfully, negligently or maliciously kindle a fire Reserres. 
upon or within any of the forest reserves of this 
Commonwealth, cause a fire to burn thereon except 
in accord with such rules as may be prescribed by the 
Department of Forestry; or shall wilfully, negligently Kindling of 
or maliciously set fire upon adjacent lards, which fire upon or 
fire shall be communicated to the State Forest Re- ""'it^il^- 
serves ; such person shall be guilty of a misdemeanor, 
and upon conviction thereof be subject to a fine not 
exceeding one thousand dollars for each offense, or im- Penalty, 
prisonment not exceeding six months, eith'^r or both, 
at the discretion of the court, together with costs of 
suit. 

Section. 2. If any person, without the consent of lnjury.de- 
the Commonwealth or any of Uer agents, shall wil- fj^^o^^of' 
fully, negligently or maliciously cut bark from, or ^^^^ 
cut down, injure, destroy or remove a tree or trees 
on any forest reserve of this Commonwealth, or shall 
wilfully, negligently or maliciously do or cause to be 
done any other act to the damage of said reserve, or. 
the trees growing therein, such person shall be guilty 



298 



FOREST LAWS, 



Penalty. 



Mutilation, 
deetmction. 
etc., of mlei 
or notice*. 



Penalty. 



DlBpoBltlon 
of fines. 



"Person" 
defined. 



Repeal. 



of a misdemeanor, and upon con\iction thereof shall 
be subject to a fine not exceeding five hundred dollars 
for each offense, or imprisonment not exceeding three 
months, either or both, at the discretion of the court, > 
with costs of suit. I 

Section 3. If any person shall wilfully, negligently '^ 
or maliciously violate any of the rules made for the 
government of the State Forest Reserves, or shall cut, 
tear down, deface, or otherwise mutilate, injure or 
destroy, any of the copies of the rules or other notices 
relating to forest administration, which may be posted 
therein by the Department of Forestry or any of its 
officers or agents, such person shall be guilty of a 
misdemeanor, and upon conviction thereof shall be 
subject to a fine not exceeding one hundred dollars 
for each offense, or imprisonment not exceedin.g thirty 
days, either or both, at the discretion of the court, 
with costs of suit: Provided, That no conviction shall 
be had for any act committeed in violation of this sec- 
tion unless it shall affirmative appr^ar that copies of 
such rules or notices were prominently posted in, upon 
or about said Forest Reserves. 

Section 4. All fines collected for the violation of 
any of the provisions of this act shall be paid to the 
Commissioner of Forestry, who shall pay the same to 
the State Treasurer, for the use of the Commonwealth. 

Section 5. The term "person," as used in this act, 
shall include not only individuals, or natural persons, 
but, as well, artifical person, existing only in con- 
templation of law; and shall be construed to mean 
partnerships, limited partnerships, joint stock com- 
panies, and corporations, and the officers, agents and 
employes of the same. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby i*epealed. 

Approved — The 5th day of May, A. D. 1911. 



JOHN K. TENER. 



FOREST LAWS, 



299 



PURCHASE OF LANDS BY FEDERAL 
GOVERNMENT. 

An act empowering the United States of America to 
acquire land in the State of Pennsylvaiua for Na- 
tional Forest Reserves, by purchase or by condem- 
nation proceedings ; and granting to the United 
States of America all lights necessary for control 
and regulation of such reserves. 

Section 1, as amended by Act of April 21st, 1921, 
P. L.— 

Section 1. Be it enacted, &c., That the United 
States of America is hereby empowered to acquire, by 
purchase or by making adequate compensation under 
condemnation proceedings, such lands in Pennsylvania 
as, in the opinion of the Federal Government, may be 
needed for the establishment of National Forest Re- 
serves in this State, in accordance with an act of Con- 
gress, entitled "An act to enable any State to co- 
operate with any other State or States, or with the 
United States, for the protection of the watersheds 
of navigable streams, and to appoint a commission for 
the acquisition of lands for the purpose of conserving 
the navigability of navigable rivers," approved the 
first day of March, one thousand nine hundred and 
eleven; Provided, That the approval of the State 
Forestry Reservation Commission and the Water Sup- 
ply Commission shall be first had and obtain -d : Pro- 
vided further, That the Commonwealth of Pe;insyl- 
vania shall retain a concurrent jurisdiction with the 
United States in and over such latids so far that civil 
]<rocess in all cases and such criminal process as may 
issue under the authority of the Commonwealth of 
1%'nnsylvania against any persons charged with the 
commission of any crime, without or within said jur- 
i'-'diction, may be executed thereon in like manner as if 
this act had not been passed. 

Section 2. That the said United States of America 
is hereby empowered to pass such laws as it may 
deem necessary to the acquisition of land in Pennsyl- 
vania, as hereinbefore provided, and for incorporation 
of such land into said National Forest Reser\'es. as in 
the opinion of the Federal Government may be needed 
for this purpose. 

Section 3. That the said United States of America 
is hereby empowered to pass such laws, and to make 



1911, p. L. 
271. 



United Statd 
may acquire 
land. 



In accordanc* 
with act of 
Congress. 



Proviso. 

Concurrent 
Jurisdictioa. 



United 
States laws. 



800 



FOREST LAWS . 



P revise 

State Forest 
Reserres . 



Act con- 
Btioied. 



or provide for the making of such rules, of both a 
civil and criminal nature, and provide punishment for 
the violation thereof, as in its judgment m.iy bi' nec- 
essary for the management, eonti'ol, and protection of 
such lands acquii-ed from time to time by the United 
States of America under the provisions of this act; 
Provided, however, That the authority hereby given 
shall bo subject to all the conditions and stipulations 
and reservations contained in this act. 

Section 4. That this act shall not confer power to 
coTxlemn land now held or her(>after to be acquired 
by Pennsylvania as and for a State Forest Reserve. 

Section 5. Nothing in this act shall l)e construed 
to re])eal or invalidate or in any way affect the pro- 
visions of an act of Assembly, appjoved the twcMity- 
second day of Aj»ril, one thousand ninv hundred and 
five, etititled "An act to jireserve the purity of the 
waters of the State, for the protection of the p'blic 
health," or the provisions of an act. approved the 
twenty-seventh day of April, one thousand nine hun- 
dred and five, entitled "An act cr(^•Iting a Department 
©f Health, and defining its i»ow«ms ad duties," (U" the 
provisions of an act, .approved the fourteentli day of 
May, Anno Domini one thous.-uid nine hundre«l and 
nine, entitled "An act to safeguard human life^ jitkI 
bealtli throughout the Conuuonwenlth by providieg 
regnlatioiis for the control of certain comnui' iejihle 
diseases and the previ>ntion of infection ther froin, 
and j)rescribing penalties for the violation of said 
regulations." 

Approved— The 11th day of May, A. D. 1011. 

JOHN K. TENER. 



1911, P. 
679, 

Trees. 



L. 



Wilful and 
malicious In- 
jury. 



PROTECTION OF SHADE AND FRUIT TREES 
ALONG HIGHWAYS. 

An act for the protection of shade trees and fruit-trees 
growing on or along any highway, street, or road. 
Section 1. Be it enacted. &c., That any person 
who shall wilfully and malicitnisly club, stone, cut, 
break, climb upon, injure, or destroy any shade-tree 
or any fruit-tree, growing on or along any street, 
road, or other highway, shall be guilty of a misde- 
meanor; and upon conviction thereof, before any al- 



FOREST LAWS. 



801 



derman, mngistratr, or justice of the peace, shall be 
seiitoiiood to p.iy n firw uol exceeding ten dollars or to Penalty, 
undrrgo nu irsiprisoiniont in the jail of the proper 
county not exc'rding live (hiys, or both, at the discre- 
tion of the aldornnin, magistrate, or justice. 

Approved — The 7th day of June, A. D. 1911. 

JOHN K. TENER. 



PROTECTION FROM FOREST FIRES AND CUT- 
TING OF TIMBER. 

An act to protect trees and woodlands, and providing 
punislunent for violation thereof 

St'CtioTi 1. r»«' it enacted, &c.. That if any person 
shall wilfully, negligently, or maliciously set on fire, 
or cause to !)<■ set on fire, any woodhauls, within this 
(^onunonweiilth, or shall dii-ectly or indirectly, without 
the consent of the owrer. cause fire to burn therein, 
or shall wilfully, negligently, or maliciously set fire 
upon adjacejit lands, whicli fire shall bi- communicated 
to woodhnuh ; such persoTi shall be guilty of a mis- 
dem-'anor. ard on conviction thenof be fined not ex- 
ceeding one thousatul dollars for each offense, or im- 
prisonment not excecMling six months, either or both, 
at the <liscretion of the court, togethi*r with costs of 
suit. 

Section -. If any i)erson shall wilfully, negligently, 
or maliciously cut bark from, or cut down, injure, 
destroy, or remo\e a tree or trees growing or standing 
upon the land of another, without the cons^-nt of the 
owner; or shall wilfully, negligently, oi' mali-iously do 
or cauvp to he doi'e any other act to the damage of 
said land or the trees growing thereon ; such pers(ui 
sliall b"' g liltx- of a misdejueanor , a!'<l on conviction 
thcMV'of si) >!' h fi- od not e\'cee< ling fie hundr d dol- 
lars for each offense, or imprisonment not exceeding 
three iiHMuhs. either or hoih, at the discretion of the 
court, togetliei- with costs of suit. 

Sectioji .S. If any person shall purchase •r receive 
a tree or trees, knowing tht> same to have been cut 
or removed without the consent of the owner thereof; 
or shall purchase or receive any logs^ planks, boards, 



1911, P. L. 
861 

Trees and 
woodlamda . 



Injury, de- 
Btniction or 
removal of 
trees . 



Penalty . 



Unlawful 
purcliase etc. 



302 



FOREST LAWS. 



Penalty. 



Double dam- 
ages. 



Treble 
damages. 



Betaking of 
property . 



Refusal . 
Penalty. 



"Person" 
defined. 



"Woodlands' 
deftned. 



staves, shingles, or other lumber made from such 
trees so cut or removed, and knowing the same to have 
been so cut and made without such consent ; such per- 
son shall be guilty of a misdemeanor, and upon the 
conviction thereof shall be subject to the punishment 
provided in section two of this act. 

Section 4. If any person sliall wilfully, negligently 
or pialiciously cut down or fell, or employ any person 
to cut down or fell , a tree or trees growing upon the 
laud of another, without the consent of the owner, 
such person shall be liable to pay to the owner double 
the value of such trees so cut down or felled, and in 
case of the removal from the land where grown, and 
the conversion thereof, treble the value, to be recover- 
ed in an appropiiate action, with costs of suit ; and no 
prosecution under any other section of this act shall 
be a bar to the recovery of damages under this section ; 
and, in addition to the remedy for recovery of damiiges 
herein provided, the owner of such tre(^s may follow 
the same and retake them from the possession of any 
])"rsoM , and \v]i"re •oe>('r they may be id'nifified at-d 
found ; as well as in the same manner retake all ma- 
terial into which said trees may have been converted 
wlu-never the same may be ludmt tied and found; 
and without any liability on the part of said owner 
for the retaking of his own property and restoring 
the same to his own possession. If the person in 
whose possession such trees or materials may be 
found shall refuse to surrender or deliver tlie same to 
the owner thereof, after due proof of ownership shall 
have been made, sucli persoa y\\:\\] h equ lly guilty of 
misdemeanor, apd upon conviction tiieroof subject to 
the punishment i)rovided in section tv.'o of t' is act. 

Section 5. The term "person"' ;is useil i i llris act, 
shidl include not only individuals or natural persons, 
but as well artificial persons, existing only in con- 
templation of law, and shall be coi-stnnMl to mean 
partnerships, limited partnerships, joint stock com- 
panies and corporations, and the officers, agents, and 
employes of the same. 

Section 6. The term "woodlands," in this net, is 
intended to include, and shall be contnied to mean 
woods, farmers' woodlots, marshes, moors, brush, 
barrens, brush lands, and wild unseated uncultivated 
land. 



FOREST LAWS 



ao3 



Section 7. All fines which shall be collected or Fines, 
paid under this act shall be remitted at once to the 
treasurer of the county wherein the same shall be 
■collected or paid, to become a part of the general fund 
of the county. 

Section 8. All acts or parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Approved— The 9th day of June, A. D. 1911. 

JOHN K. TENER. 



LEASE FOR CHURCH, SCHOOL AND RECREA- 
TION 

An act authorizing the Department of Forestry t» 
lease protions of the State Forest for church, school, 
. health and recreation purposes. 

Section 1. Be it enacted, &c., That the Depart- 
ment of Forestry is hereby authorized to lease, for 
a period of not exceeding ten years, on such terms and 
conditions as it may consider reasonable, to any citi- 
zen, church, organization, or school board of Penn- 
sylvania, such portion of the State Forest as the De- 
partment may deem suitable, as a site for a temporary 
building to be used by such citizens or family for 
health and recreation, or as a site for church or school 
purposes. 

Section 2, The receipts from such leasing shall be 
paid into the State Treasury. Eighty per centum 
thereof, so paid in, shall constitute a part of the 
State school fund of Pennsylvania.* 

Approved— The 27th day of March, A. D. 1913. 

JOHN K. TENER. 



1913. P. L. 
12. 



Forrest 
Reserves. 

Lease of 
sites for 
temporary 
buildings. 



Bents. 



*By amendment to the School Code, Section 2701 and Sec- 
tion 2702, approved June 4, 1915, infra page 330, all re- 

oeipts from State Lands are paid into the State School Fund 
of Pennsylvania. 



804 



FOREST LAWS, 



1913, P. li. 
426. 



Auxiliary 
Forest Re- 
■erre. 



Classifica- 
tioiut, etc. 



Notice of 
•wner. 



CJontents.. 



Examina- 
tion. 

Report. 



Duty of 
connty oom- 
missioners. 



AUXILIARY FOREST RESERVE LAW. 

An act to classify certain surface lands as auxiliary 
forest reserves; to prescribe the terms and condi- 
tions for their continuance in said classification, or 
their withdrawal tJierefrom ; and to provide for the 
expenses attendant thereon. 

Section 1. Be it enacted, &c. , That in order t« en- 
courage the growing of such trees, now existing or 
hereafter pro'duced, as will at the proper age be suit- 
able for merchantable forest products, whether such 
be of natural reproduction or from seed sown, ©r trees 
planted out, or all combined, all surface land which 
may be set apart according to the provisions of this 
act, and exclusively used for growing such trees, is 
hereby constituted a separate and distinct class of 
land, to be known as auxiliary forest reserves. 

Section 2. When any owner of surface land de- 
sires to have such land placed in the class established 
by section one of this act, such owner shall notify the 
State Forestry Reservation Commission of his desire 
in manner and form to be prescribed by said commis- 
sion. Said notice shall contain a description of the 
land, its location, boundary, area,' and character, and 
shall state as far as practicable the species, character, 
and condition of the trees growing thereon, and 
whether they are of natural reproduction or are from 
seed sown for the purpose, or have been set out on 
said land, or all combined, and such other informa- 
tion as the commission may require. If, upon receipt 
and consideration of this notice, the commission shall, 
in its discretion, deem the conditions such as to war- 
rant action on its part to determine whether such 
land should rightfully be placed in the class estab- 
lished by section one of this act, it shall cause 
the same to be examined by some person learned in 
the practice and principles of forestry, and a report 
made thereon, and if, upon receipt and consideration 
of such report, it decides that such land should be 
placed in the class established by section one of this 
act, it shall so declare and certify to the commis- 
sioners of the county in which said land is located. 

Section 3. Upon receipt by the county commission- 
ers of such certificate of the commission it shall be 
their duty at once to place said surface land in the 



FOREST LAWS . W5 

class established by section one of this act, and keep 
the same therein until the trees growing thereon shall, 
in the judgment of the commission, become sufficiently 
large and suitable for merchantable forest products, 
or the land be devoted to other purposes: Provided, ptotIbo. 
however. That the certificate of the commission shall 
not become operative to place said surface land in the 
class established by section one of this act until the 
owner of said surface land has agreed, in writing, 
with the commission to care for the trees growing 
thereon, according to the instructions and directions P"ee™«at. 
of the commission, up to such time as such trees be- 
come suitable for merchantable forest products ; and 
if any such owner at any time fails to care for the 
trees growing on said land as agreed with the com- Failure to 
mission, and due proof thereof is made, the commis- care for 
sion may remove said surface land from the class es- *r^®8. 
tablished by section one of this act. In case of such Remoral 
removal, either through failure of the owner to care 'ro™ clagslfl- 
fer the trees or on his expressed desire for removal *'*****^- 
before the trees shall have been cut at maturity and 
tax paid thereon, the county commissioners shall 
on notice from the commission, proceed to recover Becorery of 
from said owner, for the use of the county and **^- 
township, by an appropriate action at law if neces- 
sary, the difference in the amount of tax which 
would have been paid by the said owner at the rates 
established for the years for which recovery is sought 
and the rate provided for auxiliary forest reserves, 
with costs of suit, to be recoverable from tlie time 
when such land was placed in the class of auxiliary 
forest reserves. And the commission shall remove 
said surface land from the class established by sec- 
tion one of this act at any time that the then ©wner 
shall, in writing, notify the commission that he de- 
sires such removal. The commission may, in its dis- 
cretion, at the time said surface land is placed in the 
class established by section. one of this act, require 
the owner to file with the commission his or its bond, Owner to fll« 
of such kind and amount as the commission shjill bond, 
deem reasonable and sufficient to secure the obliga- 
tions of such owner under this act. 

Section 4. Whenever trees growing on said sur- 
face land have become suitable for merchantable 
forest products, the commission shall, at the request 
20 



306 



FOREST LAWS, 



Cnttin^ of 
timber. 



Remoral and 
marketiiis; . 



Replanting 
etc. 



Expense*. 



Right of 
owner. 



Sale or In- 
combrance. 



of the owner or on its own motion, make an examin- 
tion of said land and designate for the owner the 
kind and number of trees most suitable to be cut, if, 
in the judgment of the commission, there be any, and 
the cutting and removal of said trees so designated 
shall be in accordance with the instructions of the 
commission. 

Section 5. If the owner of said surface land faith- 
fully carries out the instructions of the commission 
with regard to the removal and marketing of such ma- 
ture or other trees, as may be designated in the in- 
structions of the said commission, and shall im- 
mediately replant other trees of valuable species, or 
so protect the young growth that the said land may 
immediately become covered with young forest growth, 
and does so with the approval of the commission, then 
such surface land shall remain in the said class, es- 
tablished by section one of this act; otherwise, the 
commission shall notify the county commissioners 
that the said land is not being maintained in accord- 
ance with the written agreement of the owner and 
the instructions of the commission, in which event 
the county commissioners shall immediately remove 
said land from the class established by section one of 
this act. All expenses attendant upon the examina- 
tion of the said surface land by the commission shall 
be paid for out of the moneys appropriated for the 
maintenance of the Department of Forestry, in like 
manner as other expenses for maintenance of said 
department are now paid. 

Section 6. The owner of the said auxiliary forest 
reserves shall, at all times, have the riglit to remove 
therefrom trees, or portions of trees, which may be 
killed by fire, thrown or broken by the wind, or in- 
jured by other natural causes; and shall, under the 
direction of the commission, be privileged to make 
necessary thinnings or removal of undesirable species 
of trees, in order to improve the condition of the 
remaining trees; and, under the same direction, may 
be privileged to remove therefrom such timber, from 
time to time, as may be necessary and essential for 
use upon the neighboring cleared lands of the said 
owner, for general form purposes. 

Section 7. Any tract of land while remaining in 
the class of auxiliary forest reserves as above pro- 
vided, may, nevertheless, be sold or incumbered by 
or through the owner thereof, but no sale or in- 



FOREST LAWS. WT 

cumberance, whether voluntary by the owner or in- 
voluntary under any statutory or judical proceeding 
whatsoever, whether of any State or of the United 
States, shall effect a discharge of any obligation 
imposed under this act, and said land shall be 
removed fi-om said class only in accordance with the 
provisions liereof. 

Section 8. That all acts or parts of acts incon- Repeal, 
aistent herewith be and the same are hereby repealed. 

Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



TAXATION OF AUXILIARY FOREST RE- 
SERVES. 

An act to provide for the assessment and taxation of 1913, p. l. 
auxiliary forest reserves, and the collection, distribu- 405.' 
tion and use of the taxes collected therefrom. 

Section 1. Be it enacted, &c., That all surface Auxiliary 
land which may hereafter be classified and set apart forest 
as auxiliary forest reserves, in the manner provided reserves . 
by law, shall be rated in value, for the purpose 
of taxation, not in excess of one dollar ($1.00) per 
acre and shall continue to bo so rated so long as the Assessment 
said land remains within the class designated as and taxation, 
auxiliary forest reserves: Provided, however, That 
if the said surface land be underlaid with coal, iron 
•re, oil, gas, or other valuable minerals, said min- 
erals may be separately assessed. The assessors in Minerals, 
the several districts in which such lands are situate 
shall assess such lands in the manner now or here- . 

after provided for the assessment of real estate for ^^essimen . 
purposes of taxation, as if they had not b<^en set 
apart as auxiliary forest reserves, and shall make 
their returns to the county commissioners in like 
manner as is now or hereafter may bo provided by 
law, subject to exception, appeal, and final adjust- i^et'i™'' 
ment. 

Section 2. Upon receipt of assessment returns Reduction of 
from the various assessors, the county commissioners aBsessment. 
shall reduce,, in their records, to a sum not in excess 



106 



FOREST LAWS. 



Timber abont 
to be har- 
Tested. 

Bond. 



Payment to 

county 

treasurer. 



DlBtrlbutlon 
of fond. 



Lien. 

PrOTlBO. 

Buperrlsort . 



Appropriation 
of fnnd. 



of one dollar ($1.00) per acre, the assessmejit on all 
those lands which shall have been placed in the class 
known as auxiliary forest reserves, it) ac'-ocdance- 
with certificates filed with them by the Star*' For- 
estry Reservation Commission, and the orij;in;d as- 
sessment returns made by said assessors shall he pre- 
served. 

Section 3. Whenever timber, on land which is in- 
cluded in the class of laud known as auxiliary forest 
reserves, is about to be harvested, tiie thru ownor 
of the timber on said land shall give a boid to the 
county treasurer in twenty per centum of the amount 
of the estimated value of the timber to b ■ harxcstrd, 
and to be api)rovbd by the court of the county, (on- 
ditioned to pay to the county treasui«r. within 
ninety days after harvesting, ten per ct'iitum of the 
value of the tre<>s immediately at and bi-fo e th time 
of harvesting; which amount shall be ascertained by 
statement and return, under oath or affirnuuio'i, fur- 
nished in triplicate, one to the county commission- 
ers, one to the county treasurer, ai d oik- to the com- 
mission, immediately after harvesting, by the then 
owner of the land, setting forth said value; which 
sum thus paid shall be divided and distributed by 
the county treasur<>r of each county — to the county, 
and the poor district, the road district, and the 
school district of the township in which the {luxiliary 
reserve is situate, pro rata, based upon the last as- 
sessed millage of taxation for county, poor, road, and 
school purposes within said taxing district. 

Such sum of money when ascertaiiwd to be due as 
a tax by the filing of the foregoing statemeJit and re- 
turn, under oath, and, as hereinbefore provided, di- 
rected to be paid to tiie county treasurer by the 
owner of an auxiliary forest reserve, shall, from 
the time for such filing, be and n^main a lien uj)Ou 
the land of such owner until payment shall have 
been made: And be it further provided. That all 
moneys received by the boards of supervisors shall be 
appropriated exclusively to the opening, main ten nnce, 
and repair of the public roads now or hereafter pass- 
ing through or into said auxiliary forest reserves, 
or upon which said reserves now or hereafter may 
abut; and, in the event that no public highways 
pass through or into said reserves, or none of said 



FOREST LAWS 



309 



reserves abut on such highways, then said moneys 
shall bo used for general township road purposes. 

Section 4. Should the county commissioners be 
dissatisfied with the return made, as hereinbefore pro- 
vided in section three hereof, the court of common- 
pleas of tlie proper county, on petition of the com- 
missioners, shall appoint a board of three appraisers, 
who shall go upon the land in question, estimate the 
qunntity and value of the trees immediately at and 
before the time of harvesting, and make a return 
thereof to tlie court, which said return shall then 
be made the basis upon which each owner shall 
mnke payment to the respective county treusur rs, 
unless ch.-inged upon appojil. The said appraisers 
shnll be duly sworn or afhrmed before entering uiion 
their work, and either party, if dissatisfied with the 
report of the appraisers, shall have right of appeal 
t(» the court of common pleas of the county, within 
ten days after such report shall be filed and notice 
thereof given the- owner. The said apiiraisers shall 
be allowed their expenses and a compensation to be 
fixed by the court, both to be paid by the county com- 
missioners. 

Section 5. In case of the removal of said lands 
from the class kiiown as auxiliary forest reserv(^s, 
prior to the maturity of the timber, and without 
payment of the tax of ten percentum of the value 
thereof; as provided in section three of this act, the 
coutity commissioners shall, on notice from the com- 
mission, ascertnin the amount of the taxes which 
wi»tild have been paid by the said owner on the 
original assessment, before the reduction pro\ided 
for in section two of tliis act, adding legal interest 
from the date when ea(!h tax payment would h ive 
bfcome delinquent. The said commissioners shall 
likewise ascertnin the amount of taxes wluch have 
actually been paid upon the land in questioiT, adding 
legal interest upon all such paynu^nts from the date 
when paid, and certify the result thereof to the 
county treasurer, who shall then proceed in the 
manner provided for the collection of county taxes 
under general laws, to recover from such owner the 
difference between the two amounts, with costs. Such 
difference, so ascertained to be due as tax as afore- 
said, sluill be and remain in lien upon the laud of 
such owner until payment shall have been made. 



If the return 
is not satis- 
factory . 



Appraisers . 



Return . 



Oath. 



Appeals . 



Expenses 
ajid compen- 
sation . 



RemoTal of 
lands from 
classification 
prior to 
maturity of 
of timber. 

Notice . 



Ascertain- 
ment of tax 
due. 



Certificate . 



310 



FOREST LAWS, 



Kemoral 
from class 
after maturi- 
ty, etc . 



When act 
shall take 
effect . 



If such land shall be removed from said class 
after the due cutting of a matured crop and the pay- 
ment of tax thereon, the owner shall, in that case, 
not be liable for such past assessment; but the laud 
shall thereafter bo liable to assessment ar.d tax as all 
other land not classed as auxiliary forest reserves. 

Section 6. This act shall take effect only brginning 
with assessments made for the puipose of levying 
taxes for the fiscal year one thousand nine hundred 
and fourteen. 



Approved — The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



1913, P. L. 
408. 



AuxiUary 
forest 
reserves . 
Annnal 
chargrp on 
for school 
and roads, 
purposes . 
Payable hy 
the State . 

Certificate 
acreage, etc. 



TAXATION OF AUXILIARY FOREST RESERV- 
ES FOR SCHOOLS AND ROADS. 

An act providing a fixed charge on land classified a» 
Auxiliary forest reserves ; and the distribution sf 
the fund thus set aside for school and road pur- 
poses. 

Section 1. Be it enacted, &c.. That all lands 
which shall hereafter be classified as auxiliary forest 
reserves shall be subject to an annual chai-ge of two 
cents per acre for the benefit of the schools, and 
two cents per acre for the b(>n(>fit of the roads, in 
the respective districts in which said n^serves are 
located. Said charge is hereby made payable by the 
State. 

Section 2. The State Forestry Reservation Com- 
mission shall certify to the respective school dis- 
tricts and road districts, throughout the Common- 
wealth, in wliich auxiliary forest reserves are located, 
the number of acres thus set apart and classified in 
each district, and the charge against the same; and 
shall, furtliermore, certify to the State Treasurer 
the number of acres as aforesaid, and the charge 
against the same, in favor of the respective sehool 
and road districts. The State Treasurer shall, upon 
the approval of the proper warrants of the commis- 



FOREST LAWS, 



311 



sion, pay to the several school districts and road dis- Paym«it. 
tricts the amount due the same from the Common- 
wealth, as derived under this act. 

Approved — ^The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



LANDS PURCHASED AT TAX SALES. 

An act directing the county commissioners of the 
several counties to offer for sale to the Depart- 
ment of Forestry tracts of land which they may 
have purchased at county treasurers' sales, for 
acceptance or refusal for forestry purposes, and to 
convey to the Commonwealth of Pennsylvania the 
tracts so offered to be sold, if accepted by the 
department. 

Section 1. Be it enacted, &c., That when county 
commissioners shall have received from the connty 
treasurer a conveyance of lands which shall have 
been advertised and sold for unpaid taxes, in ac- 
cordance with the several acts of Assembly relating 
to the sale and convenience of lands for taxes, the 
•aid commissioners are hereby directed, after the 
period of redemption of said lands shall have ex- 
pired, to offer said lands to the Department of For- 
estry, for acceptance or rejection by said department, 
for forestry purposes, when required so to do by 
the Department of Forestry. The county commis- 
sioners, in making such offer, shall describe tlie laud 
by giving the name of its former owner, it location, 
warantee name or number, and its adjoiners. They 
•hall state the number of acres and perches in each 
tract so offered, and the amount of taxes, interest, 
and costs due thereon, which shall have been levied 
and become a lion and accrued to the time of mak- 
in the offer. Every such offer shall be accom- 
panied by a draft of the land, when required by the 
department, to be prepared by the county surveyor. 
The cost of the preparation of such draft shall 
be paid by the county commissioners, and in no 



1915, P. L. 
140. 



County Ooan- 
misslonera . 



Sale of landa 
to Depart- 
ment of 
Forestry . 

Forest 
reserres . 

Description. 



Draft. 



312 



FOREST LAWS. 



Cost of 
draft. 



Bxamination 
and ralua- 
tion. 



Title. 



Remoral of 

objections . 



case shall exceed the ordinary and usual amount paid 
for the making of similar drafts in the course of 
county business. The cost of the draft may be 
added by the commissioners to the amount of costs 
accrued against the land which they shall offer the 
Department of Forestry. Where adjoining tracts 
arc so offered, they shall be included within one 
draft, and the cost of the draft shall be ratably ap- 
portioned among the several tracts in accordance 
with the area thereof. 

Section 2. That upon receiving any such offer 
from the county commissioners, which offer shall be 
made upon blank forms to be prepared by the De- 
partment of Forestry and supplied to the commis- 
sioners, the department ,shall make an examination 
and valuation of the land so offered, to determine 
whether it is suitable for forestry purposes. If 
found not suitable for forestry purposes, the depart- 
ment shall so notify the commissioners. If found 
to be suitable for that purpose, it shall likewise 
notify the commissioners of its suitability, make a 
conditional acceptance, and proceed to examine the 
title. If such examination shall disclo.=?e that the 
title is marketable, and. of such character as can be 
safely accepted, the department shall prepare a deed 
to be executed by the commissioners, conveying such 
land to the Cojmmonwealth of Pennsylvania. The 
consideration shall include all taxes levied, interest, 
and costs due to date of conveyance; but shall, in 
no case, exceed the limit of purchase price n»w or 
hereafter fixed by law for the purchase of laud by 
the Department of Forestry for forestry purposes. 

Section 3. That if the title examination shall dis- 
close incumberances upon the land, or other objec- 
tions, which, in the judgment of the Department of 
Forestry, will render the title unmarketable or un- 
desirable for the State to own, the county commis- 
sioners shall then proceed to remove such objections 
to title, and cure such defects, so far as it may be 
possible to do so, or may be required by the practice 
of the Department of Forestry, in the purchase of 
lands. The purchase of said land shall not be fur- 
ther proceeded with until the title shall be rendered 
acceptable to the Department of Forestry. In case 
the county Commissioners neglect or refuse to remove 



FOREST LAWS 



313 



objections to title when required by the Department, 
the Department may, after a reasonable time, not 
exceeding six months, notify the commissioners that 
it refuses to consider the further purchase of the 
land so offered. The time for removal of objections 
may be extended by the department for cause shown. 

Section 4. That all laws or parts of laws in con- Repeal. 
flict herewith are hereby repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



DISTRIBUTION OF FOREST TREES. 

An act authorizing the Department of Forestry to 
grow and distribute young forest-trees, and restrict- 
ing their use after distribution. 

Section 1. Be it enacted, &c., That the Depart- 
ment of Forestry is hereby authorized to grow young 
forest-trees, and to distribute them to those desiring* 
to plant them, in such quantity and under such 
regulations as may be prescribed by the department, 
when the available stock in the forest nurseries shall 
be in excess of that required by the department for 
forest planting. No charge shall be made for* the 
trtes so distributed, but the cost of boxing and ship- 
ping shall be paid by the applicant. The applicant 
must enter into an agreement with the department 
to plant the young trees under such conditions or 
regulations as may be made by the department, and 
to protect and care for them when planted. The de- 
partment may render such assistance and instruction 
in the planting of the trees as it may deem necessary 
t» secure their proper planting. 

Section 2. That all such young forest-trees, which 
shall be distributed as aforesaid, shall not be sub- 
ject to sale in the hands of the applicant, but shall 



1915, p. L. 
155. 



Forestry . 



Forest 
trees. 



Distribu- 
tion. 

Agreement. 



May not be 

sold. 



314 



FOREST LAWS, 



Bei)eal . 



be properly planted, in accordance with the agree- 
ment entered into with the department. 

Section 3. That all acts and parts of acts incon- 
sistent with or supplied by this act are repealed. 

Approved — The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1915, P. L. 
156, as 
amended by 
the act of 
May 29th., 
1917, P. L. 
809. 



EXTENDING DUTIES OP OFFICERS. 

An act extending the powers and duties of foresters, 
forest rangers, game protectors, deputy game pro- 
tectors, special deputy game protectors, fish-war- 
dens, and deputy fish-wardens of this Common- 
wealth. 

(For text of this act see page 46.) 



1915, P. L. 
481. 



Department 
of Forestry. 
Limit of pur- 
chase price 
of lands for 
forest re- 
serves . 



Repeal . 



PURCHASE PRICE FOR FOREST LANDS. 

An act to enlarge the limit of purchase price to be 
paid by the Department of Forestry for lands to 
be purchased and used for State forest purposes. 

Section 1. Be it enacted, &c. , That the limit of 
purchase price to be paid by the Department of For- 
estry for land hererfter to be purchased by it, and 
used for State forest purposes, shtill not exceed the 
sum of ten dollai's per acre. 

Section 2. That all acts or parts of acts in con- 
flict herewith are repealed. 

Approved— The 14th day of May, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



FOREST LAWS. 315 

BUREAU OF FOREST PROTECTION. 

An act to establish a Bureau of Forest Protection 1915, P. L. 
within the Department of Forestry; designating the ''^'^ • 
officers who shall constitute the Bureau, their du- 
ties and salaries ; prescribing penalties for the 
violation thereof; and repealing all laws, general 
special, or local, or any parts thereof, that may be 
inconsistent with or supplied by this act. 

Section 1. Be it enacted, «S:c., That a Bureau of Department 

Forest Protection is hereby established within the °' Forestry. 

Department of Forestry. The persons apriointed Bureau of 

thereto or assigned to duty therein shall be subject to Forest Pro- 

the authority and under the control of the Commis- tection. 
fiioner of Forestry. 

ARTICLE I. 

Chief Forest Fire-Warden. 

Section 101, as amended by act of May 17th, chief Forest 
1921, P. L. — Fire-warden. 

Section 101. * Appointment. — Immediately after 
this act becomes affective, and thereafter whonevcr 
a vacancy occurs, the Commissioner of For; stry shall 
appoint a forester in the employ of the department to Appointment. 
be Chief of the Bureau of Forest Protection, who by 
virtue of his appointment, shall immediately become 
and bo chief forest fire-warden. 

Section 102. Duties: — 

(a) It shall be the duty of the chief forest fire- 
warden to take such measurers for the prevention, 
control, and extinction of forest firos as will assure 
a reasonable protection from fire to woodlots, forests, 
and wild lands within the State. 

(b) The chief forest fire-warden shall institute 
the system of forest fire-wardens, as horeby created, 
and shall have authority to supervise and manage the 
same. 

(c) He shall reorganize the former system of fire- 
wardens, and as rapidly as possible make it conform 
to the provisions of this act. 

*(d) As soon as convenient after this act becomes 
effective, the chief forest firewarden shall divide the 



•See also Sec. 1 (d) Act of May 17, 1921, page 269, 
and Sec. 301, of this act as amended, page 318. 



316 FOREST LAWS. 

State in forest fire districts, for the organization of 
an effective forest fire-warden system. 

(e) At the end of each calendar year he shall 
render to the Commissioner of Forestry a report for 
the year, covering all phases of the work under hia 
direction, which report, together with a list of the 
fire-wardens, shall be published annually as a bulle- 
tin of the Department of Forestry. 

(f) He shall collect, with the assistance of the 
force and meims at his command, data relating to 
location, area, and fire hazard of woodlots, forests, 
and wild lands within the State : data relating to 
forest fires, and losses resulting therefrom; and such 
other data as he may deem to come within the pur- 
view of his duties, and as he may desire to present 
to the commissioner or to the public, 

(g) He shall tabulate and draft data in such 
manner that the information may be easily and 
readily appreciated. Maps, drafts, and tables shall 
be published, in the discretion and under the direc- 
tion of the Commissioner of Forestry, as a part of 
the annual report of the chief forest fire-warden or 
as separate bulletins of the department. 

(h) He shall plan and put into effect as rapidly 
as convenient a system of fire-towers and observation 
stations, which shall cover the regions subject to 
forest fires, purchase the necessary material and 
equipment, and hire the necessary labor for the instal- 
lation of the system. 

(i) When, in his discretion, the purposes of this 
act may be accomplished better by the appointment 
of certain forest fire-wardens as watchmen or patrol- 
men during dry seasons, and within regions subject 
to great fire risk, he shall make such appointments; 
provided that no person shall be appointed watchman 
or patrolman without first having been appointed a 
forest fire-warden, and that wardens who have proved 
to be efficient shall be given preference. 

(j) He may enter into agreements, with the con- 
sent of the Commissioner of Forestry, with persons, 
firms, corporations, or associations, upon satisfactory 
terms, for the successful accomplishment of forest fire 
prevention or control. 



FOREST LAWS. 117 

(k) He shall conduct such educational work In 
relntion to forest fires as may be approved by the 
Commissioner of Forestry. 

{]) lie shall audit all bills incurred under this 
HCt. n<' shiill approve those which are correct and 
should b»' paid and present them to the Commissioner 
of Forestry, who shall transmit them to the Auditor 
General. 

(m) Upon receipt of checks from the State Treai- 
urer, he shall send them to the persons entitled 
ther<>to. 

(n) lie shall have authority to declare a public 
nnisanse any property which, by reason of its con- 
dition or oporation, is a special forest fire hazard, 
and, as such, endangers other property or human 
life. 

(o) lie shall notify the owner of the property, or 
the person responsible for the condition declared a 
public nuisance, and advise him as to the abatement 
or removal of such nuisance. In the case ©f a rsiil- 
road, such notice shall be served upon the superin- 
tendent of the division upon which the nuisance 
exists. 

(p) He ;hall collect and arrange information ob- 
tained coneeriiinj, violation of laws relating to the 
protection of forests from fire, and present the same 
to the Commissioner of Forestry, who shall file it 
witii the Attorney General for legal action. 

Section 30.3, as amended by act of May 17th, 
1921. P. L.— 

Section 103. The compensation of the chief forest 
firt-warden shall be his salary as chief of the Bureau 
of Forest Protection, and his salary, and all neces- 
sary expenses incurred in the performance of his du- 
ties, and all salaries and wages of the Bureau of 
Forest Protection, shall be paid from the appropria- 
tion for forest protection. 

ARTICLE II. 

Clerical Assistants. 

Section 201. As soon as convenient after this act 
becomes effective, the Commissioner of Forestry shall 
assign to the Bureau of Forest Protection a forester 
in the employ of the department, to act as a clerk to 



318 FOREST LAWS. 

the chief forest fire-warden; and, from time to time, 
may assign such other clerical assistants to the be- 
reau as may be necessary. 

ARTICLE III. 

District Fire-Warden. 

Section 301, as amended by act of May 17th, 

District ii ^^-^' ^' ^'~ 

■wardena. ^ Section 301. Appointment. — As rapidly as forest 

districts are created they shall become also forest fire 
districts, and the district foresters appointed to take 
charge of them shall become, by virtue of their ap- 
pointment, and be district fire-wardens. 
Section 302. Duties: — 
*(a) The district fire-warden shall establish head- 
quarters at some advantageous place within his dis- 
trict; shall act as the field representative of the chief 
forest fire-warden, and be under his direction. 

(b) The district fire-warden shall be responsible 
for tlie collection of data, within his district, neces- 
sary for accomplishing properly the puposes of this 
act. 

(c) He shall make recommendations to the Chief 
forest fire-warden for the appointment of local fire- 
wardens, the location of fire-towers, the employment 
of patrolmen, and the region to be patroll'd, and re- 
garding such other matters as may come to his at- 
tention which would tend to improve the protective 
system. 

(d) He shall arrange for annual meetings of fire- 
wardens within his district, for instruction in forest 
fire matters. 

(e) He shall report to the chief forest fire-warden 
situations and conditions existing within his district 
which are or may become forest fire hazards. He 
shall serve notices for the correction or removal of 
such conditions, when issued by the chief forest fire- 
warden. 

(f) He shall receive, audit, and approve the re- 
ports and accounts of the local fire-wardens before 
submitting them to the chief forest fire-warden. 

*See also Sec. 1 (d) Act of May 17 th, 1921, page 269, 



FOREST LAWS. 



818 



(g) He shall act as an inspector of the work of 
local fire-wardens, and render assistance to them. 

(h) He shall conduct educational work, and de- 
velop co-operation between local agencies and the 
Department of Forestry for the prevention and sup- 
pression of forest fires. 

(i) He shall perform such other duties as may be 
assigned to him by the Commissioner of Forestry or 
the chief forest fire-warden. 

Section 303, as amended by act of May 17th, 
1921, P. L.— 

Section 303. The compensation of each district fire- Compen«»- 
warden shall be his salary as district forester, and tion. 
such salary, and all necessary expenses incurred in Payment of 
the performance of his duties, also the salaries, wages, expenseg, 
and necessary expenses incurred in the performance ®^^- ^ '*"• 
of the duties of the forest officers, assistants, and ^^ ** **'** 
labor employed in or assigned to his forest district, 
as well as the other necessary expenses in the way of 
rent, material, equipment, et cetera, of his said dis- 
trict ^ may all be paid from the appropriations for 
forest protection and from other items of appropria- 
tion for the Department of Forestry, respectively, 
in proportion as such salaries, wages, and neces- . 
iary expenses are incurred for forest protection or 
for the other administrative work of the Department 
of Forestry, the proportion to be paid from the ap- 
propriation for forest protecti'^n under the above rule 
to be determined from time to time by the State 
Commission. 

ARTICLE IV. 

Local Forest Fire-Wardens. 



Section 401. Qualifications. — A person appointed 
a local fire-warden shall be chosen expressly by rea- 
son of his physical fitness, sobriety, honesty, and 
ability "to perform the duties herein required, and 
must have the recommendation of the district fire- 
warden for the forest fire district in which he is 
located. WTiere no district fire-warden has been ap- 
pointed, the chief forest fire-warden shall first satisfy 
himself as to the above qualifications before making 
an appointment. 



820 FOREST LAWS. 

Section 402. Appointment. — Local fire-wardens 
■hall be appointed by the chief forest fire-warden in 
such localities as he may deem necessary. 

Section 403. Certificates of Appointment. — Every 
person appointed a forest fire-warden under this act 
•hall be given a certificate of appointment, issurd by 
the chief forest fire-warden, and may be furnished 
with an appropriate badge, in the discretion of the 
chief forest fire-warden. 

Section 404. Duties : — 

(a) Whenever fire is discovered in or approaching 
woodlots, forests, or wild lands, whether the same 
be owned by individuals, corporations, or by the Com- 
monwealth, it shall be the duty of a forest fire- 
warden immediately to take such measures as are 
necessary to extinguish the fire. 

(b) Whenever fires have been combated or ex- 
tinguished as provided for in this act, the forest fire- 
warden shall prepare a correct statement of expenses, 
apon forms to be furnished by the department ; w hi(h 
statement must be verified by oath or afiirmation, and 
must be filed with the district warden, and by him 
forwarded to the chief forest fire-warden within sixty 
days of the date of fire. 

(c) He shall promptly investgate the cause of 
each fire which comes to his knowledge, collect such 
evidence as may be discovered relating thereto, and 
such other facts as he may be directed, and report 
the same to the chief forest fire-warden. 

(d) Upon receipt of a check from the State 
Treasurer, he shall at once pay by check the amounts 
due to such persons as are entitled to receive pay 
from him. 

(e) He shall attend an annual meeting of fire- 
wardens in his district when notified, or present a 
reasonable excuse. 

(f) When designated as a patrolman or watch- 
man, he shall perform such duties as may be assigned 
him by the chief forest fire-warden or by the district 
fire-warden. 

Section 405, as amended by act of May 17th. 

1921, P. L.— 

Loc«i for- Section 405. Compensation. — Each local forest fire- 

ent flre-w«i- warden shall be paid at the rate per hour, to be fixed 

dens. from time to time by the State Forest Commission, 



FOREST LAWS. 

n«t eiceedine a maximum of 50 cents per hour, for 
?he toe actuafly employed in the performance of his 
duties He si^afl also be paid for the necessary ex- 
pense, incurred in the Pe^foF^^°,V^^,t/?X th^ 
local forest firewarden shall not be paid from the 
forest protection appropriation in any one month an 
amount"^ in excess of $75-00 unless he shall have been 
regulary employed as a patrolman or otherwise. 

ARTICLE V. 
Special and Ex-Officio Forest Fire-Wardens. 

Section 501. The chief forest fire-warden may ap- 
poh't persons who will, serve -it^out compensanon 
ig snecial or as ex-officio forest fire-wardens, iney 
Jhall have the same power and authority as loca 
•orest fi/e-wardens, but their duties may be changed 
ir extended by the chief forest fire-warden. 

Section 502. Foresters with rangers m the employ 
,f the Department of Forestry shall be forest fire- 

^tc^^^m" special and e-mcio forest fire-war- 

n the performance of their duties as fire-wardens. 
ARTICLE VI. 
General Powers. 

Section 601. A fire-warden shall have authority 
■o employ such other persons as, in his judgment, 
nav^e necessary to render assistance in extinguish- 
es firo-n ml whenever it shall not otherwise be pos- 
°ble fo^ Wm to secure a sufficient number of persons 
-bassist irextingushing fire he is hereby authorized 
■o compel the attendance of persons and to require 
■hem ?o render assistance in the extinguishing of fire. 

^irctr OOr rrrfwar^en'sha^^^^^^^^^^ authonty to 
administer an oath or affirmation m order to cx- 
amTne any person who he believes knows facts relat- 
ing to any fire, or who claims compensation for 
services rendered. 

31 



321 



822 FOREST LAWS. 

Section 603. Every official provided for by this act^ 

shall h;,v<>nntl.ority to o„tor n„oT, ,nM lamlTnny 
ai!?e heri.wUJi^"''^*^^* °^ performiug duties in accord- 
Section (>04. A fire-warden shall have nowpr tJ 
arrest on view, without first procuring a wTrr'nt 
any person deteete<l by hin. in the act of coSt ng 
an offense against any of the laws now enacted .r 
hereafter to be enacted for the protectfoT. o f' re^ts 
woodlots tin.ber. or wild lands, or when he shall havc^l 
a reasonabe suspicion that any person is con, mitt ng 
or IS about to commit some such offense. The w- i? 
den shall have further power to tak. the offender 
before a justice of the peace, or other magistrate: 
having jurisdiction, for hearing, trial, or other due 
process of law. The further ^conduct of anv such 

ITorney'r'fnerar"'^'' ''' "^' ""' ""^^^^^^^" "^^^ *^« 
Section 605. A fire-warden shall not be personally 
liable for any act required or permitted to be done 
under the provisions of this law" while acting wiC 
the scope of his duties as a fire-warden. 

ARTICLE VII. 

Private Persons. 

loir^P^L^* ^^ amended by act of May 17th. 

SJs"^'" Section 701 Forest Fire-Fighters.-Person who 

fighters. extinguish or help to extinguish forest fires, excepfa^ 

otherwise provided shall be paid at a rate ifer ho^ 
to be determined for each forest fire district by the 
chief forest fire-warden, with the approval of the 
Commissioner of Forestry, and based upon the rates 
of wages received for day labor within the respec- , 
tive forest fire districts; provided the rate does not 
exceed forty cents per hour. 

Section 702. Appeal to the Commissioner of For- 
estry.— If any person shall feel aggrieved by the act 
of any fire-warden, such person may appeal te the 
Commissioner of Forestry, who will examine into the ' 
complaint. After hearing the parties he shall decide 
as to him shall seem j'ust and right. 



FOREST liAWS. 823 

Sor'tion 703. Land Owners.— Nothing in this act 
shall be so construf^d as to relieve the owner or lessee 
•f lands, upon whicL fires may buni or bt- started 
from the duty of exringuibhing such fire so far as may 
lie with in hi^ power. 

No owner or lessee of land upon whieh fire may burn 
or be started, nor any person dnrii >g employment 
with such owner or lessee, nor any other person with 
a present vested interest in such land. shMll receive 
compensation under this act for extingjjishing fire 
upon his land or the land to which his interest is at- 
tached. 

No person who is responsible for the spreadinj? of a 
fire to a woodlot, forest, or wild land, nor siny person 
in his employ, may receive compensation from a fire- 
warden for helping to extinguish such fire. 

ARTICLE VIII. 

Railroads. 

Section 801. All steam and electric railroad com- 
panies owning or operating lines of railroad within 
the State shall put into effect such reasonable n gu- 
lations for tlie prevention of forest fire as may be 
deemed necessary by the chief forest fire-wanlen, pro- 
viding the regulations be approved by the Public Ser- 
vice Commission. 

ARTICLE IX. 

Expenses. 

Section 901. Expenses incurred under this act shall 
be paid from the general forest protection appropria- 
tion. 

Section 902. No bills of expenses relating to the 
protection of forests from fire incurred under tliis act, 
shall be honored by the chief forest fire-warden unless 
presented to him within sixty days after the expense 
has been incurred. 

Section 903. The Auditor General shall satisfy 
himself as to the correctness of all bills transmitted 
to him by the Commissioner of Forestry for expense 
incurred under this act, and shall then draw his war- 



324 FOREST LAWS. 

rants against the general forest protection appropria- 
tion in favor of the persons and for the amounts shwwn 
by the approved bills. 

ARTICLE X. 

Penalties. 

Section 1001. Penalty for Neglect of Duty. — If a 
fire-warden shall fail to perform liis duty, or shall 
render a false or fraudulent statement of service al- 
leged to have been performed, or shall fail to pay 
promptly the respective amounts due those who have 
rendered service, after said amounts have been trans- 
mitted to him, he shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined a sum not 
exceding one hundred dollars, or undergo imprison- 
ment not exceeding three months, or both, in the dis- 
cretion of the court. 

Section 1002. Penalty for Refusing to Aid a Fire- 
Warden. — If any fire-warden, being in need of assist- 
ance in the supervision of fire, shall call upon any 
person to render assistance, and such person shall 
refuse without a just and fair excuse he is hereby 
declared to be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine not 
exceeding one hundred dollars, or undergo imprison- 
ment not exceding one month, or both, in the discre- 
tion of the court. 

Section 1003. Penalty for Hindering an Officer in 
his Duties. — A person who shall prevent or obstruct, 
or attempt to prevent or obstruct, a fire warden in the 
performance of a duty required by this act, or the ex- 
ercise of the rights of entry, access, or examination 
by any warden or officer of this bureau, shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be sentenced to pay a fine not exceeding one hundred 
, dollars, or undergo imprisonment not exceeding one 
month, or both, in the discretion of the court. 

Section 1004. Penalty for Non-Abatement or Re- 
moval of Nuisance. — Every person or corporation re- 
fusing to comply with an order of the chief forest fire- 
warden for the abatement of a nuisance, under this 
act, shall be guilty of a misdemeanor, and upon con- 



FOREST LAWS, • 825 

viction thereof shall be sentenced to pay a fine of not 
more than one hundred dollars, or undergo imprison- 
ment not exceeding one month, or both, in the discre- 
tion of the court. In constructing or enforcing the pro- 
visions respecting the abatement of nuisances, under 
this act, the neglect or refusal of any officer, agent, or 
other person acting for or employed by a corporation, 
and having within flie scope of his employment the 
supervision of the property complained about, shall in 
every case be deemed to be the neglect or refusal of 
the corporation itself. 

Every day's continuance in the non-abatement of a 
nuisance, after an order by the chief forest fire-warden 
to abate the same, shall be a separate and distinct 
offense. 

If a preliminary injunction be granted or any inter- 
locutory order of supersedaes intervene, no penalty 
shall be incurred on account of non-abatement of such 
nuisance for the period of time such injunction or 
supersedaes is in force. 

* Section 1005. Penalty for Causing Forest Fire. — 
Whenever a fire set by any person destroys property 
belonging to another, it shall be prima facie evidence 
that the loss occasioned is the result of negligence, 
and that the person responsible therefor is guilty of a 
misdemeanor. Upon conviction he shall be fined not 
exceeding one thousand dollars for each ofPense, or 
undergo imprisonment not exceeding six months, or 
both, in the discretion of the court. This section 
shall not apply to the setting of a back fire in good 
faith, to extinguish a fire then burning. 

Section 1006. Every steam and electric railroad 
company, owning or operating lines of railroad with- 
in the State, which shall neglect or refuse to put 
into effect such reasonable regulations for the pre- 
vention of forest fire as may be deemed necessary 
by the chief forest fire-warden and approved by the 
Public Service Commission, shall forfeit and pay to 
the Commonwealth of Pennsylvania, for each neglect 
or refusal, the sura of one hundred dollars, to be re- 
covered by an action of assumpsit, instituted in the 

*$250.00 reward for information leading: to the arrest and 
conviction of any person or persons responsible for an Incen- 
diary forest fire will be paid by tlie Department of Forestry. 



FOREST liAWS. 

name of the Commonwealth by the Attorney General 
in the court of common pleas of Dauphin County, 
which court is hereby clothed with exclusive juris- 
diction throughout the Commonwealth t« hear and 
determine such actions. 

Every day's continuance in refusal to comply with 
such regulations, after a notice from the chief forest 
fire-wardon and the lapse of a reasonable length of 
time for the compliance therewith, which time shall be 
fixed in the notice, shall be a separate and distinct 
offense. 

Section 1007. Disposition of Fines. — Moneys re- 
ceived from the payment of fines shall bo paid to the 
treasurer of the county in which suit is broug^it, for 
the use of the county, except as otherwise provided in 
this act. 

ARTICLE XI. 

Section 1101. When, in the judgment of the Com- 
missioner of Forestry, he deems it necessary for gen- 
eral forest protection that causes or agencies injur- 
ious to trees and forests, other than fire, be investi- 
gated, reported upon, or abated, he is hereby author- 
ized to assign to the Bureau of Forest Protection 
persons competent for such v.-ork. The salaries of 
such persons, so assigned, shall be fixed by the Com- 
missioner of Forestry, and shall in no case exceed the 
ordinary and usual amount paid for such services. 
Salaries and expenses shall be paid out of the general 
forest protection appropriation. 

ARTICLE XII. 

Section 1201. This act shall take effect June first, 
one thousand nine hundred and fifteen, or, if ap- 
proved subsequent to that date, upon date of approv- 
al. All appropriations for forest fire protection 
which shall be made at the legislative session of one 
thousand nine hundred and fifteen shall be deemed to 
have been appropriated for general forest protection, 
and shall be expended for that purpose by the De- 
partment of Forestry. 



FOREST LAWS. 



327 



ARTICLE XIII. 

Repeal. 
Section 1301. All acts or parts of acts inconsist- 
ent with or supplied by this act are repealed. 

Approved— The 3d of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



CO-OPERATIVE AGREEMENTS TO PREVENT 

FIRES. 

An act to permit the Department of Forestry to enter 
into co-operative agreements with county, township, 
municipal, and private agencies for the prevention 
and suppression of forest fires, and providing a 
method of payment of the expenses arising there- 
under. 

Section 1. Be it enacted, &c., That the Depart- 
ment of Forestry is authorized to enter into agree- 
ments for the prevention and suppression of forest 
fires with county, township, municipal, and private 
agencies owning or controlling woodlots, forests, or 
wild lands, or whose activities in whole or in part are 
directed toward the prevention and suppression of 
forest fires. The department is authorized to expend 
from its general forest fire apropriation, for such 
protective and preventive purposes as it deems effec- 
tive, a sum of money equal in amount to the amount 
which shall be expended by such agencies in accord- 
ance with such agreements. All expenditures must 
first be presented to the Department of Forestry in 
monthly statements, in form and manner prescribed 
for the payment of any sum from the forest fire ap- 
propriation. The Commissioner of Forestry shall 
audit the same and transmit them to the Auditor 
General, who shall tlien draw his warrant for one- 
half of the amount of expenditures approved by the 
Commissioner of Forestry. 

Section 2. That every county, township, munici- 
pal, or private agency working under agreement with 
the department, in accordance with this act, shall 



1915, P. L. 
815. 



Department 
of Forestry. 

Co-opera- 
tive agree- 
ments for 
the preven- 
tion and sup- 
pression of 
forest ftres. 



Monthly 
statements. 



Audit . 
Warrants. 



Annual re- 
port. 



328 



FOREST LAWS. 



Repeal . 



render to the department, at the end of each calendar 
year, a report setting forth a complete Itemized state- 
ment of expenditures made with a view to the pre- 
vention and suppression of forest fires, and stating 
such other information as the department may ro- 
quest. The financial statement and facts relating 
thereto shall be accompanied by' an affidavit sub- 
scribed to by the person authorized to make the re- 
port. 

Section 3. All acts and parts of acts inconsistent 
with or supplied by this act are repealed. 

Approved — The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1915, P. L. 
816. 

Department 
of Forestry. 

Grant of 
rights of 
way through 
State forests 



"Right of 
way" de- 
fined. 
Repeal . 



RIGHTS-OP-WAY THRU STATE FORESTS. 

An act empowering the Department of Forestry to 
grant rights of way through the State forests. 

Section 1. Be it enacted, &c., That the Depart 
ment of Forestry is hereby empowered to grant rights 
of way through State forests to individuals or cor- 
porations who may apply therefor, when it shall ap- 
pear to the department that the grant of a right of 
way will not so adversely affect the land as to inter- 
fere with its usual and orderly administration, and 
when it shall appear that the interests of the Com- 
monwealth or of its citizens will be promoted by 
such grant. . 

Section 2. A right of way, under this act, is here- 
by construed to include a passage, haulage, flowage, 
or transmission for any lawful purpose. 

Section 3. All acts or parts of acts inconsistent 
with or supplied by this act are repealed. 

Approved — The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



FOREST LAWS. 



S29 



PURCHASE OF SURFACE RIGHTS. 

An act authorizing the Department of Forestry to pur- 
chase surface rights to lands, for use as State 
forests. 

Section 1, Be it enacted, &c., That the Depart- 
ment of Forestry is hereby authorized to purchase 
and receive conveyance of surface rights to any lands 
within this Commonwealth, for forestry purposes, 
and to hold such lands as State forests. 

Section 2. Where the title to any such land is sub- 
ject to outstanding rights conveying waters, minerals, 
oil, gas, or other valuable deposits, or any privileges 
or reservations whatsoever, the Department of For- 
estry may, in its discretion, accept conveyance of the 
surface rights to such lands, where the administra- 
tion of scientific and practical forestry will not be 
interferred with or made impossible by such outstand- 
ing rights, privileges, or reservations. 

Section 3. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



1917, P. Jj. 
166. 



Department 
of Forestry. 
Purchase of 
surface 
rights to 
land. 

Outstanding 
rights . 



Repeal . 



LEASING LANDS FOR AGRICULTURAL PUR- 
POSES. 

An act permitting the Department of Forestry to lease 1917, P. l. 
for agricultural purposes small areas of land which, 781. 
from time to time, it may acquire in the purchase 
of lands for State forests, and which areas shall 
be determined to be more useful for the growing of 
agricultural crops than for forest-trees. 

Section 1. Be it enacted, &c., That, whenever the o/^p^^t?^ 
Department of Forestry shall acquire lands for State 
forest purposes, included in which in the judgment of 
the Department there may be small areas better 
suited for ordinary agriculture than for the growing 
f •f fo rest- trees , the Department may execute leases for 



830 



FOREST liAWS. 



Leasing of 
small areas 
of land for 
agricultnxe . 



Term of 
leases . 



Renewals . 



Advertise- 
ment of sale 
of leases. 



Removal of 
buildinjrs and 
fences . 



Certain lands 
not to bo 
leased. 



such agricultural land to those who will plant it in 
ordinary agricultural crops and cultivate it, at such 
rate of rental as shall be equitable, and under such 
condition as , the Department may deem necessary 
and useful, for the purpose of bringing into a state of 
food-plant production such areas as are normally bet- 
ter suited for agriculture than for other purposes. 

Section 2. All leases for such agricultural areas 
shall be for a term not exceeding ten years, and may 
be terminated earlier by mutual agreement of the par- 
ties. At the expiration of the term, a renewal of the 
lease may be made for a like term, or a lesser period, 
upon the same or such new conditions as may be 
mutually satisfactory. 

Section 3. If more than one person shall apply for 
the same tract, the lease shall be advertised for sale 
in three local county papers, if there be so many, 
once a week for three weeks, and may then be award- 
ed to the highest responsible bidder, if said bid is 
satisfactory in amount to the Department of For- 
estry. 

Section 4. At the termination of any such lease 
the lessee shall have the privilege of removing from 
the land buildings and fences which may have been 
placed there at his own expense, or the same may be 
purchased by the lessor, as a part of the permanent 
improvement of the tract, upon such terms as may be 
just and mutually satisfactory to the parties. 

Section 5. Where such land must necessarily be 
retained in cultivation for Department purposes, or 
for the use of Department employes, the Department 
may, in its judgment, decline to receive bids and exe- 
cute leases for such tracts. 

Approved — The 11th day of July, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



state school 
fund. 



SECTIONS OF THE SCHOOL CODE RELATING 
TO FORESTS AND FORESTRY, AS AMEND- 
ED BY ACT OF JUNE 4, 1915, P. L. 825. 

Section 2701. The receipts and proceeds derived 
in any way from, or on account of, the forest reser- 
vations, now or hereafter acquired by this Common- 



FOREST LAWS. 



331 



wealth, together with all water-p©wers and water- 
rights belonging to this Commonwealth in the 
streams, rivers, lakes, or other waters of this Com- 
monwealth which is not used for State or other pub- 
lic purposes, all escheated estates in this Common- 
wealth, and all other property or money which shall 
in any way accrue to such fund, whether by Act of 
Assembly, devise, gift, or otherwise, shall belong to 
and constitute a fund, to be known and designated as 
"The State School Fund of Pennsylvania," which is 
to be maintained as herein provided : Provided, how- 
ever, That the forest reservations shall continue to be 
wholly under the control of the State Forest Reser- 
vation Commission, as now provided by law. 

Section 2702. All real and personal property be- 
longing to the State School fund shall be wholly 
under the control and management of the Stiite Board 
o.f Education. AH receipts derived in any way fr«m, 
or on account of, the State forest reservations, or 
from, or on account of, any real or personal property 
belonging to the State school fund, and all other 
moneys accruing to said furfd, shall always be prompt- 
ly paid to the State Treasurer, and kept by him in a 
separate account, subject to the disposal of the State 
Board of Education as herein provided ; and the State 
Treasurer shall deposit said funds in the properly 
authorized depositories for State funds, and shall 
add to such funds the interest received from the de- 
positories for the use of the same. All income de- 
rivpd from any investments of the State school fund 
shall be paid to the State Treasurer, and kept de- 
posited as herein provided in a sei>arate account, sub- 
ject to the order of the State Board of Education. 
The State Treasurer and his bondsmen shall be re- 
sponsible for the safe-keeping of, and accounting for, 
said funds, in the same manner and under the same 
penalties as for the safe-keeping of, and accounting 
for, the other funds of this Commonwealth. 

Approved — ^The 4th day of June, A. D. 1915. 



How consti- 
tuted . 



Proviso. 



Control and 
manage- 
ment. 



Separate 
account . 



Income. 



MARTIN G. BRUMBAUGH. 



332 



FOREST LAWS. 



Apr. 18, 
1919, P. L. 
78. 



State forests. 

Charge 
thereon . 

For county 
purposes. 

Return by 
Commis- 
sioner of 
Forestry, 

Payment by 
State Treas- 
urer. 

Repeal. 



TAXATION FOR COUNTY PURPOSES. 

An act providing a fixed charge on lands acquired by 
the State to be held as State forests, and the dis- 
tribution of the same for county purposes within 
the counties where State forests are located. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, all lands now acquired 
or hereafter to be acquired by the Commonwealth for 
State forests, shall be subject to an annual charge 
of one cent per acre for the benefit of the counties in 
which said State forests are located. 

Section 2. The Commissioner of Forestry shall 
certify the respective areas in the counties to the 
State Treasurer, and the State Treasurer shall pay 
the amount of the charge in favor of each county in 
the same manner as tJie fixed charges upon State 
forests for road and school purposes are now certified 
and paid. 

Section 3. All acts or parts of acts inconsistent 
herewith be, and the same are hereby repealed. 

Approved— The 18th day of April, A. D. 1919. 

WM. C. SPROUL. 



Act April 
12th 1921, 
P. L. — 

Snyder-Mld- 

dlloswarth 

Park. 

Tx^catloin . 
Name. 
Commission . 



Term. 



SNYDER-MIDDLESWARTH STATE PARK. 

An net providing for the establishment and the regula- 
tion of a State park, to be known as the Snyder- 
Middleswarth State Park. 

Section 1. Be it enacted, &c. That a certain tract 
of forest land of five hundred acres, owned by the 
Commonwealth of Pennsylvania and located along and 
west of Swift Run in Jacks Mountain, is hereby set 
apart as a State park, and shall be known as the Sny- 
dor-Middleswarth State Park. 

Section 2. The Governor is authorized to appoint 
a board of commissioners of ten citizens of this State, 
which shall be known by the name and style of "Sny- 
der-Middleswarth Park Commission." The State For- 
estry Commissioner shall be a member ex-officio of said 
board. The terms of the members of the commission 
shall be at the pleasure of the Governor, and he is 



FOREST LAWS. 



883 



authorized to fill any vacancy occurring in said com- 
mission. No member of such commission shall receive Oompensa- 
any compensation f«r his service as such, but shall ^^^' 
be reimbursed for all actual expenses necessarily in- 
curred in the discharge of his duties. Any five of said 
commissioners shall constitute a quorum at any stated Quorum, 
or specially called meeting of the board. 

Section 3. The board of commissioners and their Powers, 
successors are hereby constituted a body politic, with 
power to sue and be sued, to adopt and use a common 
seal, and to adopt by-laws te regulate its proceedings. 
The board shall annually choose, from among its mem- 
bers, a president, vice-president, a treasurer, and a Officer*, 
secretary. It may appoint such other officers or em- 
ployes as it may deem necessary to carry out the pro- 
visions ©f this act. It may also determine the duties 
and compensation of its appointees, subject to appro- 
priations made for such purpose by the General As- 
sembly. The board may make all reasonable rules or Rules and 
regulations respecting the appointment, compensation, regulations, 
and removal of such employes, not inconsistent with 
the laws of this Commonwealth. 

Section 4. Such commission shall have power to Location, 
definitely locate and mark the boundaries of the said 
State park in the forest land of the Commonwealth Area, 
heretofore described. The area of said park shall not 
exceed five hundred acres. 

Section 5. It shall be the duty of the commission to 
preserve, care for, lay out, and improve the said park 
and to make reasonable rules for its use, maintenance, 
and government. The commission shall also have the 
power to lay out, construct, and maintain roads avd Roads, 
pathways across and over said park, and, for this 
purpose, may acquire rights of way upon and across 
any intervening lands so as to connect such park roads Acquisition 
with public roads. For the purpose of obtaining lands of land, 
necessary to lay out and construct any such roads, 
the commission is authorized to acquire the same by 
purchase or by condemnation proceedings, and such ^j^afn. 
condemnation proceedings shall be conducted in the 
same manner and in accordance with the same laws 
now in force providing for the acquisition of land for 
State highway purposes. ^ 

Section 6. The moneys necessary for the payment aonja"' 
of the expenses of the commission, the salaries of its 
appointees, for the maintenance and improvement of 



Rules. 



Approprla- 



334 



FOREST LAWS. 



the park, and for the acquisition of lands, shall be 
paid from apropriations made by the General Assembly 
for such purposes. 

Approved— The 12th day of April, A. D. 1921. 

WM. C. SPROUL. 



Act of May 
5th 1921, 
P. L. — 

State For- 
est Com- 
mission . 



Exchange of 
State for- 
est land. 



Sale of 
State for- 
est land. 



Deeds. 



EXCHANGE OR SALE OP STATE FOREST 
LANDS. 

An act authorizing the State Forest Commission to ex- 
change or sell certain portions of the State forest 
land, and providing for procedure. 

Section 1. Be it enacted, &c., That whenever the 
State Forest Commission shall determine and declare, 
by a resolution adopted unanimously at a meeting 
when a majority of its members are present and voting 
and approved by the Governor, that it will be to the 
advantage of the State forest interests, said State 
Forest Commission may, by such resolution so ap- 
proved, authorize either of the following actions to 
be taken : 

(a) That, after such public hearing as the State 
Forest Commission may prescribe, any State forest 
land, together with the buildings, improvements, and 
appurtenances thereof, may be exchanged for private- 
ly owned land of equal or greater value and at least 
equally adapted to State forest purposes. 

(b) That, after the advertisement provided for in 
section five hereof, any State forest land, together 
with the buildings, improvements, and appurtenances 
thereof, declared by said resolution to be more valu- 
able f«r other use than for State forest purposes and 
not needed for use in the administration and protection 
of the State forests, may be sold to the party or 
parties offering the highest price then^for. 

Section 2. Upon the adoption ©f any such resolu- 
tion, the Attorney General shall prepare the necessary 
deed or deeds to consummate the exchange or sale pro- 
vided for and authorized in section one hereof, and the 
Governor of the Commonwealth is hereby authorized to 
execute such deed or deeds for and on behalf of the 
Commonwealth of Pennsylviuiia, and affix thereto the 



FOREST LAWS. 



B80 



seal of the Commonwealth, all to the intent and effect 
that the title of the State forest land, together with 
its buildings, improvements, and api»nit«nances thus 
exchanged or sold, may be vested in tlie party or par- 
ties entitled thereto pursuant to tlie resolution of thf^ 
State Forest Commission , but in case of sale no deed 
shall be delivered until the purchase price shall have 
been paid in full. 

Section 3. Before the exchange of lands pursuant 
to section one hereof, the Attorney General sli..ll (ex- 
amine and approve the title of the privately owiu'd 
lands to be received in exchange, and the deed or 
deeds from the Commonwealth of Pennsylvania shall 
be delivered only when a sufficient deed or deeds to the 
Commonwealth of Pennsylvania for the land to be re- 
ceived by the State shall have been appi^oved by the 
Attorney General, and delivered; and, immedintfly 
upon the execution, acknowledgment, approval, and de- 
livery of the deeds to the Commonwealth of Pennsyl- 
vania, the lands thus granted shall become and be a 
part of the State forests, subject to all the laws and 
rules governing the State forest lands. 

Section 4. All receipts from the sale of any State 
forest land shall be deposited in the treasury, and said 
receipts shall be, and are hereby, appropriated and 
made available until expended for use, separately or 
in conjunction with any other appropriations, for the 
acquisition of land for State forest purposes. 

Section 5. Before the sale of any State forest land 
under the power granted by this act, the State Forest 
Commission shall advertise such proposed sale, at 
least once each week for three successive weeks, in 
at least two newspapers published within the State, 
one of which shall be published in the city or town 
nearest the land to be sold. 

Section 6. All acts or parts of acts inconsistent 
with or supplied by this act are hereby repealed. 

Approved— The 5th day of May, A. D. 1921. 



Payment of 

purchase 

price. 

Examination 
of titles. 



Delivery 
of deeds. 



Disposition 
of proceeds 
of sale. 



Advertising . 



Repeal. 



WM. C. SPROUL. 



336 



FOREST LAWS. 



Act of May 
20th 1921, 
P. L. — 



Department 
of Fisher- 
ies, Depart- 
ment of For- 
estry, and 
Game Com- 
missioners. 

Eminent 
domain . 



Right of 
entry. 



Petition 
to court. 



Appointment 
of viewers. 

Time of 
view . 



Notice of 
hearing. 



CONDEMNATION OF LANDS. 

An act providing for the condemnation by the Com- 
monwealth of lands suitable and desirable for forest 
purposes or game preserve purposes or the prepetua- 
tion and protection of fish ; and defining the powers 
and duties of the Department of Forestry, the Board 
of Game Commissioners, and the Department of 
Fisheries, respectively, in relation thereto. 

Section 1. Be it enacted, &c., That whenever the 
State Forest Commission, the Board of Game Com- 
missioners, or the Department of Fisheries desires to 
acquire land suitable and desirable for State forest 
purposes, for game preserve purposes, or for the per- 
petuation or protection of fish, respectively, and a 
price for such lands cannot be agreed upon with the 
owner or owners thereof, or where such owner or 
owners cannot be found, in all such cases the State 
Forest Commission, the Board of Game Commission- 
ers, or the Department of Fisheries is authorized to 
acquire the said respective classes of lands by condem- 
nation. 

Section 2. The Commissioner of Forestry, the Sec- 
retary of the Board of Game Commissioners, or the 
Commissioner of Fisheries, on behalf of the Common- 
wealth, may respectively enter upon any of such 
lands, and take possession thereof. Thereupon the 
Commissioner of Forestry, the Secretary of the Board 
of Game Commissioners, or the Commissioner of Fish-- 
eries, respectively, through the Attorney General, or 
any of the owners, if known, may apply to the court 
of common pleas of the county wherein such lands are 
located for the appointment of viewers. The court 
shall appoint three viewers, and shall appoint a time, 
not less than twenty nor more than thirty days after 
the presentation of such petition, when the viewers 
shall meet upon the lands and view the same and 
all improvements in connection therewith. 

Section 3. The viewers shall give at least ten days 
notice of their first meeting to the Commissioner of 
Forestry, the Secretary of the Board of Game Com- 
missioners, or the Commissioner of Fisheries, as the 
case may be, and to the Attorney General, and to the 
owners of such land, if known. If the owners of such 
lands are unknown, notice shall be given in at least 
two newspapers in such manner as the court may 



FOREST LAWS. 



837 



direct. The viewers, having been sworn or affirmed 
faithfully, justly, and impartially to decide and a 
true report to make, concerning all matters to be sub- 
mitted to them in relation to which they are authoriz- 
ed to inquire and having viewed the lands and prem- 
ises, shall hear the parties and their witnesses, and 
shall estimate and determine the value of the property 
so taken. Where the owner of such lands and prem- 
ises is unknown, the viewers shall estimate and de- 
termine the value of the land and improvements upon 
the testimony of the witnesses for- the Commonwealth 
and any witnesses called by the viewers. 

Section 4. The viewers shall prepare their report, 
and shall give at least ten days written notice of a time 
and place where they will meet and exhibit their re- 
port and hear all exceptions thereto. If any owners 
of said lands arc unknown, notice shall be given in 
two newspapers in the same manner as the notice of 
their first meeting was given. 

Section 5. After making whatever changes are nec- 
essary, the viewers shall report to court showing the 
damages allowed, and if necessary, shall also file 
a plan showing the property taken . In all cases where 
the owners are known^ the report shall also state to 
whom the damages are payable. In cases where the 
owners of the property are not known, that fact shall 
be clearly stated in the report. 

Section 6. When the report is filed, notice thereof 
shall immediately be given to the Commissioner of For- 
estry, the Secretary of the Board of Game Commis- 
sioners, or the Commissioner of Fisheries, as the case 
may be^ the Attorney General, and the owners of the 
land where known, which notice shall state that, un- 
less exceptions be filed thereto within thirty days af- 
ter the filing of the report, the same will be confirmed 
absolutely. Where any owners of such lands are un- 
known, notice shall be given in at least two news- 
papers in such manner as the court shall direct. 

Section 7. Within thirty days after the filing of 
any report, the Commonwealth or the owners of such 
lands may file exceptions to the same, and the court 
shall confirm, modify, or change such report, or refer 
the same back to the same or new viewers. 

Section 8. When the report is filed, the prothono- 
tary shall mark it "confirmed nisi." In case no ex- 

22 



Bw«aring of 
Tiewere . 



Estimation 
of damages. 



Hearing of 
objections 
to report. 

Notice. 



Report to 
court . 



Notice ef 
filing re- 
port. 



Exceptions. 



Conflrmatlon 
nl8l. 



338 



FOREST LAWS. 



Absolute 
confirmation . 

Jury trial. 



Appeal to 
Supreme or 
Superior 
Court . 



Payment of 
damages 
awarded . 



Costs. 

Where Land 
owners are 
unknown. 



ceptions are filed there t« within the time herein specifi- 
ed, the court shall make a decree that the report is 
confirmed absolutely, which decree shall be entered by 
the prothonotary. 

Section 9. Within thirty days after any report 
of viewers is filed under this act, the Commonwealth 
or the owners of such land may appeal to the court of 
common pleas, and demand a trial by jury. Within 
six months after a confirmation absolute on exceptions, 
or within six months after a verdict and final judg- 
ment on appeal for a jury trial, the Commissioner of 
Forestry, the Secretary of the Board of Game Com- 
misisoners, or tlie Commissioner of Fisheries, as tlie 
case may be, or the owners of such land, may appeal 
to the Supreme or to the Superior Court, as in other 
cases. 

Section 10. When the amount payable to the owner 
of such land has been finally determined, the same 
shall be paid by the Commissioner of Forestry, the 
Secretary of the Board of Game Commissioners, or the 
Commissioner of Fisheries, as the case may be from 
appropriations for such purposes or from the Resident 
Hunter's License Fund or the Fish License Fund. All 
costs in connection with any such proceedings shall be 
paid«by the Commonwealth in like manner. 

Section 11. When the owners of such lands are un- 
known, the Commissioner of Forestry, the Secretary 
of the Board of Game Commissioners, or the Commis- 
sioner of Fisheries, as the case may be, may enter up- 
on and appropriate the lands for the use of the State, 
as herein provided. In all cases where the owners of 
lands are unknown, and the report of viewers has been 
finally confirmed, the Commonwealth shall be liable 
for all damages awarded therein. If, at any time after 
the final confirmation of the report of viewers, any 
person appears and proves title to said lands, such 
persons shall be entitled to and receive from the Com- 
monwealth the sum so awarded by the viewers. Any 
such claimant of the land may petition the court of 
common pleas of the county wherein the land is locat- 
ed, giving a brief outline of the facts upon which the 
claim is based. Thereupon the court shall direct an 
issue to be framed, wherein the claimant shall appear 
as plaintiff, and the Commonwealth of Pennsylvania 
as defendant. Such issue shall be tried according to 



FOREST LAWS. 



339 



the rules of procedure and evidence governing trials in 
ejectment, witli a right of appeal by either party to 
the proper appellate court. If the final judgment on 
such issue is in favor of the plaintiff, the sum award- 
ed by the report as finally confirmed shall be paid by 
the Commonwealth to said claimant. The party to the 
action against whom the judgment is entered shall be 
liable for the costs as provided by law in other civil 
actions. 

Section 12. The Department of Forestry, or the 
Board of Game Commissioners, or the Departjment of 
Fisheries, respectively, shall have the control and 
supervision of all such lands acquired under the pro- 
visions of this act. All income and revenue derived 
from said lands shall be expended in the same man- 
ner and for the same purposes as provided by law for 
the expenditure of the income from the State forests 
or the receipts of said Board of Game Commissioners 
or Department of Fisheries, respectively; and, for 
such purposes, such income derived from lands ac- 
quired by the Board of Game Commissioners is here- 
by specifically appropriated, and shall be paid into the 
"Residents Hunter's License Fund" ; and the income 
derived from lands acquired by the Department of 
Fisheries is hereby specifically appropriated, and shall 
be paid into the "Fish License Fund." 

Section 13. An act, entitled "An act providing for 
the condemnation by the Commonwealth of lands suit- 
able and desirable for forestry purposes, and defining 
the powers and duties of the Department of Forestry 
or the Department of Conservation in relation there- 
to," approved July seven, one thousand nine hundred 
and nineteen (Pamphlet Laws, page seven hundred 
and twenty-three) , shall be, and is hereby, repealed. 
All other acts or parts of acts inconsistent herewith 
or supplied by this act are hereby repealed. 

Approved— The 20th day of May, A. D. 1921. 



Control and 
supervision 
of lands ac- 
quired. 

Inconte an^ 
revenue . 



A.ct of July 
7, 1919 
(P. L. 723) 
repealed . 



Repeal . 



WM. C. SPROUL. 



340 FOREST LAWS. 

STATE FOREST RULES. 

1. The State Forests are for the use and benefit 
of all the citizens of Pennsylvania. Forest officers are 
instructed to co-operate with and assist all persons 
in the legitimate enjoyment of them. 

2. T« provide for the proper use and protection 
of the forests, no standing young or old trees shall 
be cut, shot at, barked, or otherwise damaged or de- 
stroyed except as may be necessary for proper untiliza- 
tion of the forests and with the appr©val of a Forest 
officer secured in advance. 

3. Since uncontrolled grazing by horses, sheep, 
cattle, or hogs is injurious to young trees, it is pro- 
hibited except by special permission. 

4. No permit is required to camp •vernight, but to 
ensure the protection of the forest against abuse, a 
permit is necessary to camp for a period of two days 
or longer. 

5. For the protection ©f the public health, springs 
and streams must not be polluted. 

6. If the needs of the State for timber are to bo 
met, forest fires must be stopped. No camp fires are 
permitted that are not adequately protected against 
the spread of fire. 

7. All camp fires must be put out completely im- 
mediately after use. 

8. Persons suspected of starting forest fires, in- 
tentionally or unintentionally, will be prosecuted. 

9. The placing of advertisments is not permitted. 

10. For the protection of those who will camp in 
the forests hereafter, all waste papers, empty cans, 
and other refuse must be buried or otherwise disposed 
of before leaving camp. 

11. For the protection of wild life, strict obser- 
vance of the game and fish laws by campers will be 
required. 

Adopted by 

The State Forest Commission, 
July 13, 1921, 



FOREST IiA'.7S. 341 

FACTS ABOUT PENNSYLVANIA STATE 

FORESTS. 

To safe-guard the timber and water supply for the 
citizens of Pennsylvania, the Commonwealth in 1897 
authorized the establishment of State Forests. The 
Department of Forestry began purchasing forest 
land the following year. 

The total area of State Forests (June 1, 1921) is 
1,125,612 acres, located in llic following twenty-seven 
counties: Adams, Bedford, Cameron, Centre, Clear- 
field, Clinton, Cumberland, Dauphin, Elk, Frank- 
lin, Fulton, Huntingdon, Jefferson, Juniata, Lack- 
awanna, Lycoming, Mifflin, Monroe, Perry, Pike, 
Potter, Snyder, Somerset, Tioga, Union, West- 
moreland, and Wyoming. 

The Department of Forestry has paid to these 
counties $616,040.17 taxes. 

This land was purchased bv the State for $2,545,- 
134.65, an average cost of $2.26 per acre. It is esti- 
mated that the present value of the State Forests is 
about $12,000,000. 

There are forty-three Foresters and eighty-seven 
Forest Rangers in the employ of the Department of 
Forestry. The State is divided into twenty-six For- 
est Districts, supervised by technically trained For-, 
esters. 

On the State Forests there are 380 State-owned 
buildings, valued at $294,0.38. 

More than 4,000 miles of roads and trails have been 
constructed and are being maintained within State 
Forests. 

To protect the State Forests, as well as all other 
woodland in the Cofhmon wealth from forest fires, 
there are, in addition to the Foresters and Forest 
Rangers. 2,488 local and special Forest Fire Wardens. 
Sixty-eight steel fire look-out towers have been erected 
by the Department of Forestry for the purpose of de- 
tecting forest fires. Four other similar towers have 
been put up by the Anthracite Forest Protective As- 
sociation. 



342 FOREST LAWS. 

The Department of Forestry is tperating three 
large forest tree nurseries, which are producing 
from five to eight million trees each year. Twelve 
State correctional institutions, in 1921, established 
small nurseries on their grounds in co-operation with 
the Department of Forestry. 

A total of 34,547,055 trees have been planted on 
State Forests. The plantations now cover 22,424 
acres. 

The State Forests are wide-open for legitimate pub- 
lic use. Campers, hunters, and fishermen are invited 
to use them. During 1921, 525 temporary camping 
permits were issued to 3,405 persons. Permanent camp 
sites may be leased at a yearly rental for ten years. 
Sites for 628 permanent camps have been leased by the 
Department of Forestry. 



PREVENT FOREST FIRES— IT PAYS 



Pennsylvania's annual loss due to the falling off in 
lumber production amounts to more than $100,000,000 
a year — twice as much as it costs to run the State 
Government for a like period. 

We pay at least $50,000,000 a year for lumber 
we import which we should produce at home ; we 
pay $25,000,000 a year in freight on this lumber which 
we should save, we lose $25,000,000 a year through 
the closing of industries from floods which could be 
prevented ; through the increased cost of wood pulp to 
the newspapers ; through the increased cost of news- 
papers to advertisers; through the loss in population 
driven to other States, and the loss in fish, game, re- 
sort business, etc. 

The situation is growing worse and will continue to 
grow worse until forest fires are checked and the young 
trees are given a chance to grow into timber. 

It is not what forest fires consume that make them 
such a terrible curse to the State, because there is 
very little large timber left to burn. It is what the 
fires keep from growing that measures the damage. 



FOREST LAWS. 843 

Pennsylvania's forests weuld be restored without re- 
sorting to tree planting if the fires could be stopped. 

Putting an end to fires is the duty of the Com- 
monwealth not alone on the land it owns, but upon 
all forest lands. 

Ninety-nine per cent, of the forest fires that occur 
in Pennsylvania are preventable. Only a few are caus- 
ed by lightning, and they are usually small in extent. 
The others originate through human action. 

WHAT YOU CAN DO 

When in the woods be sure your match, cigarette, 
cigar, and pipe ashes are dead before throwing them 
away. 

Build fires only upon bare soil and in places where 
fire cannot spread. Build them in a pit surrounded 
by earth or stone, and keep them small. 

BE SURE YOUR FIRE IS EXTINGUISHED 
BEFORE YOU LEAVE IT. 

Be as careful with fire in the woods as you are in 
your home. 

Learn who your nearest Forest Fire Warden is, and 
notify him as soon as you discover a fire. 



ADDRESS COMMUNICATIONS AS FOLLOWS: 

Relative to GAME AND WILD BIRDS, to the 
SECRETARY OF THE GAME COMMISSION. 

Relative to FISH, FROGS AND TERRAPIN, to the 
COMMISSIONER OF FISHERIES- 

Relative to FORESTS, TO THE COMMISSIONER 
OF FORESTRY. 

All Harrisburg, Pa. 



Prevent 

FOREST FIRES 

if you desire 
GAME, FISH and FORESTS 

See Page 342 



INDEX TO FOREST LAWS. 346 



INDEX TO FOREST LAWS. 



A. 

Page. 

Acts, certain, prohibited In forest or timber land, 259-260-285-207-301-322-323 

Academy li'orest, ** *7y 

Advertisement by County Conmilssioners, 263 

Agricultural areas in State forests may be leased ^ff 

Annual charge on land for schools, road and county, 279-£Jb-rfd^ 

Annual Charge on land under Auxiliary Forestry R«ferve.4f:288.293--3!!5:3J8 

Appeal . ._ ; • • • g^Q 



Application for permit to camp, - . . 

Appalachian Reserve, may be established in Pennsylvania, ^J» 

Appointment of Commissioner of Forestiy, ^)J ' 



Appointment of Forest Wardens oi k* ^i s Vio ^20 H21 

Appointment of fire officers 315-318-319-320-3-il 

Appointment of detectives, *262-293"^y09-336 

A^elsmenV 'and taxation mder ForeVtir Reserve Act ^^^'lei 

Assessors, duties of • • oqi 

Assistance in extinguishing fire, compelling 271-274 

Attorneys may be employed, • • • • • • • V74 997-323 

Auditor General, certain duties of 267-2 < ^-^J*^^^.|^5 

Auxiliary forest reserve du*-ou( oxw 

B. 

273 

Bond, State Forestry Commissioner, *gQ 

Boundary trees, removal of, 275-281 

Borough oflacers, powers of, 280 

Boroughs, right to impound water 290 

Boroughs, right to establish forests 268 

Bureaus in Department of Forestry 3^5 

Bureau of Forest Protection V; '/. ' " * V 315 

Bureau of Forest Protection, powers and duties of 

C. 

, ^ 340 

Camp on State lands,* 340 

Cattle, pasturiog of rules, 290 

City forests may be established 267 

Commission, State Forest, . . . . . .... • • • 263-266-364-307-311 

Commissioners, County, certain duties of, ^oo ^u« ^^^ 

Commissioner of Forestry, f^VVomiment ot, . .... ...■• .■.'.".263-311 

Commonwealth authorized to purchase lands for taxes 317.319-320 

Compensation of Are wardens, . . . . . • • • 821 

Compulsory asslfltanoa in extinguishing Are, 



346 INDEX TO FOREST LAWS. 

Condemnation of lands by Commonwealth 386 

(Condemnation by United States '.'.'.'.'. 299 

Constables, powers and duties of, *....'*'.'.'.!!'. 205 

(Convictions before court 259-286-297-301-324-325 

Convictions before justice 259-285-289-300 

Co-operative agreements for preventing Are, 327 

County, chargre on land for 332 

County Commissioners, duties of, 263-266-304-307-311 

County Conmiissioners to offer lands to Department, 311 

County Treasurer, duties of, 264 

County may forfeit State aid, 274 

Cutting or mutilating growing timber, 260-297-300-301-340 

Cutting timber trees by tenants in common 260 

Cutting of timber imder Forest Reserve Act, 270 

Cutting of timber under Auxiliary Forest Reserve Act, 306-308 

D. 

Damage double and treble, 302 

Damage to trees by electric light or teleplione companies 262 

Damage by cutting or injuring timber without ovraers consent 297-301 

Df'bris must be removed from oil or gas well lands 286 

Defacing signs or posters on State lands, 298 

Department of Forestry, 267 

Detectives may be appointed by Department of Forestry 271-274 

Detectives shall be appointed by County Commissioners, 266 

District Fire Wardens, 318 

District Foresters 269-318 

B. 

Electric light compajiies, liability of, for damage to trees 262 

Eminent domain 333-336 

Employes of the Commissioner of Forestry, powers on State lands, . . 277 

Ex -officio fire wardens, 321 

Bstrepement, writ of, 261 

Examination of lands under auxiliary forestry reserve act, 304 

Exchange or sale of State forest lands 334 

Expenses of extinguishing fires, how paid, 323 

F. 

Failure to care for trees under auxiliary reserve act 305 

Fines, (See act violated). 

Fire starting on one's own land, or land of another 259-285-297-323 

Fire not to be lighted on woodlands or marshes 259-285-297-301 

Fire not to be kindled on forest reserves 297-340 

Fire Warden, Chief Forest 315 

Fire warden, ex-officio 321 

Fire warden, duties and powers of 315-318-320-321 

Fire warden, penalties for failing in duty, 324 

Fires, extinguishing of 274-315-321-322-323 

Fires, co-operative agreements respecting 327 

Firing the woods, penalties for 285-286-297 

Foresters, district 269-318 

Forest Commission, 267 

Forests, municipal, may be established, 290 

Forest officers, duties of, 277-314-315-318-820-821 

Forest reeerres, exempt from taxation, 273 



INDEX TO FOREST IiAWS. 847 

Page. 

Forest reserre, fixed charges on 270-290-332 

Forest reserre, right-of-way through 828 

Forest reserre, waters on, 280 

Forest officers, duties extended 314 

Forest protection code 315 

Forest acadeany 279 

Fruit trees along roadside, 300 

Q. 

Gas well lands, preventing lire on 285 

Grovemor, duties of, in certain cases 49-267-272 

H. 

Harvesting of timber under Auxiliary Forest Reserve Act, c06 

Harvesting timber under general forest act, 270 

Highways bordering on or within reserves, 273-278 

Highways, trees along, protection of 275-276-300 

Hindering a forest officer, 324 

I. 

Injury to or mutilation of trees 260-297-300-301-340 

Intentional firing of forests 285-286-297 

J. 

Jurisdiction of constables, 265 

Justice of the Peace, convictions before, 259-285-289-300 

K. 

Kindling fires on State reserves 297-'340 

Kindling fires on one's own land, or on lands of another, ..259-285-297-323 

Land, power of Forest Commission to purchase, 263-268-329 

Land, County Commissioners to offer 263-311 

Land to be under control of Department of Forestry, ..'.'.*.*.*.'. .'.264-268-270 

Land of the State exempt from taxation 272 

Land liable to fixed charge, "..*.*..*.'.".*. .279-296-332 

Land, title to vacant, 292 

Land in forest reserves under charge of Commissioner" of 'Foi»^tiV, ..268-270 

Land, not subject to warrant or survey, .... 272 

Land, purchase price enlarged '. .."..'.*..,*..!! ;si4 

Landmarks, !.*."!.*.*!'.'. ^i !'.! * i ! 260 

Lease of agricultural areas in State forests] !!...!!!'.!!.*!.'!!!.'.'.'!.' 329 

Leases, permanent camping, 303 

Liability, personal, of fire warden to pay costs of extingTiishing fires, * 321 
Lien under Auxiliary Forestry Reserve Act 308-309 

Magistrate, duties of 259-285-289-300 

Marketing of timber under Forestry Reserve Act, 306 

Maximum price to be paid for land 314 



348 INDEX TO FOREST LAWS. 

Pag«. 
Minerals on State lands 270 

Minerals under AvDcilaiy Forestry Reserve Act 307 

MlBdemeanor 260-285-289-297-300-301-324 325 

Municipal forest may be established, 290 

Municipalities, right to impound water, 280 

Mutilation of growing timber 260-297-300-301-340 

Mutilation of posters or signs 298 

N. 

National Forest Reserve, 299 

Navigable rivers, Warrants for beds of, 295 

Notice trespass, (See Index to Game Laws). 

Notice to State Forest Ck)mmission, to classify lands 304 

O. 

Office of the Commissioner of Forestrj- 272 

Officers refusing or neglecting to do their duty 48-324 

Oil well lands, precautions to prevent fire on, 285 

Owners in common, rights of 260 

Owners, no compensation for extinguishing fire on own lands, 323 

OvsTiers, rights of, under Auxiliary Forest Reserve Act, 304-307-310 

P. 

Pasturing of cattle, 340 

Penalty for refusing assistance in extinguishing fire 324 

Permanent leases for camping, 303 

Permit to camp, 340 

Persons assisting in extinguishing fire shall be paid, 322 

Pipe line, right of way for, 328 

Powers of Commissioner of Foresti-^', 263-266-304-307-311-315 

Powers of forest officers, 277-314-315-318-320-321 

President of Forest Oommissaon 271 

Prevention of fires by co-operatire agreements 327 

Protection of the State forests 277-297-301-315 

Protection of trees and woodlands, 301 

Public roads in or along forests, 273-278 

Purchase of land by the Coanmonwealth 268-311-314-329 

R. 

Rpilroad companies, duties respecting fire 286-323 

Record to be Icept oflands puvcliased by the Commissioner of Forestry, 264 

Redemption of land, ] , 264 

Refusing, officers, to do their duty 48-324 

Removing or destroying land marlss 260 

Replanting 306 

Reserve, fixed charges on, 279-296-308-310-332 

Revenue for school purposes, 330 

Rights-of-way through the State forests 328 

Rights of owners under Auxiliary Forestry Reserve Act, 804 

Rivers, navigable, warrants for beds of 295 

Roads in township where forests are located 273-279 

Roads in forests, 273 

Rules of Forest Commission, power to make 270 

Rules for government of State Forests, 840 

Rules, punishment for violating 298 



INDEX TO FOREST LAWS. 349 

8. 

Page. 

Sale or exchange of State forest lands 334 

Sale of lands under Auxiliary Forestry Reserve Act, 306 

Scliools, fixed charges for 279-296-310 

Schools, tax for, mider Auxiliary Forestry Reserve Act 310 

School of Forestry, 279 

Scifutific investigations, 269 

Seedling trees, growtli and distribution of 313 

Setting fire to woodlands 285-286-297-325 

Shade trees, planting of, by boroughs, cities and townships 281 

Shade trees along roadsides 300 

Snyder-Middleswarth State Park 332 

Spark arresters, engines to be provided with 28'6 

State Forest Academy, 279 

State Forests, public roads on 273-279 

State forests, subject to fixed charge 279-296-332 

State forests not subject to taxation, 272 

State forests, purchase of surface rights for, 329 

State Park, SuA^der-Middleswarth 332 

State school fund 330 

State forest rules 340 

Street railways in forests 278 

Surface rights, purchase of, 329 

T. 

Tax under Forest Reserve Act 279-296-307-310-332 

Telegraph or telephone companies, liability of, 262 

Tearing or mutilating posters or signs on State lands, 298 

Tenants in common, rights of, 260 

Timber cutting -without owners consent, 301 

Timber land to be returned separately for assessment 261 

Timber, title to, not to pass under certain conditions 260-301 

Timber from State reserves may be sold by Commission, 270 

Timber under Auxiliary Reserve Act, 306 

Title of land to vest in Commonwealth 272-312 

Township forests may be established 290 

Tree seedlings, growth and distribution of, 313 

Trees, damage of, 260-297-300-301-340 

Trees, boroughs may require planting of 275-281 

Trees growing along roadside 275-276-300 

Trees, malicious removal or destruction of 260-297-300-301-340 

Trees, planting of, by Shade Tree Commission 281 

Trees and woodlands, protection of, 301 

U. 

United States may establish reserves in Pennsylvania 299 

Unseated land, • 263 

V. 

Vacant land, title to 292 

Viewers to appraise vacant land, 293 

Viewers to appraise damage, 262-293-309-336 



350 INDEX TO FOREST LAWS. 

w. 

Page. 

Wanton or wilfnl starting of forest Ares, 259-285-297-301-S23-340 

Wanlons, Fire, duties and powers of, 315-318-320 321 

Wardens or forest officers, duties and powers of, ....277-314-315-318-320-321 
Wnrrants for trespass, (See Index to Game Laws). 

Wilful or careless destruction or mutilation of trees and timber, . .260-207-300 

301-S40 

Writ, of estrepeuient, how obtained 261 

Woodlands, protection of 297-301 



ADDRESS COMMUNICATIONS AS FOLLOWS: 

Relative to GAME AND WILD BIRDS, to the 
SECRETARY OF THE GAME COMMISSION. 

Relative to FISH, FROGS AND TERRAPIN, to the 

COMMISSIONER OF FISHERIES. 

Relative to FORESTS. TO THE COMMISSIONER 

OF FORESTRY. 

All Harrisburg, Pa. 



Prevent 

FOREST FIRES 

if you desire 
GAME, FISH and FORESTS 

See Page 342 



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LIBRARY OF CONGRESS 



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